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AMENDMENTS TO THE 1999 CONSTITUTION OF NIGERIA
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1st Amendment

2nd Amendment


3rd Amendment


1999Constitution


                         

 

 

 

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (FIRST ALTERATION) ACT, 2010

 

Sections

Objects

Sections

Objects

1

Alteration of the Constitution of the Federal Republic of Nigeria, 1999

2

Alteration of Section 66

3

Alteration of Section 69

4

Alteration of Section 75

5

Alteration of Section 76

6

Alteration of Section 81

7

Alteration of Section 84

8

Alteration of Section 107

9

Alteration of Section 110

10

Alteration of Section 116

11

Alteration of Section 132

12

Alteration of Section 135

13

Alteration of Section 137

14

Substitution for Section 145

15

Alteration of Section 156

16

Alteration of Section 160

17

Alteration of Section 178

18

Alteration of Section 180

19

Alteration of Section 182

20

Substitution for Section 190.

21

Alteration of Section 200

 

Substitution for Section 228 (a) and (b).

23

Alteration of Section 229

 

Alteration of Section 233

25

Alteration of Section 239

 

.Alteration of Section 246.

27

Alteration of Section 251

 

Alteration of Section 272.

29

Alteration of Section 285

 

Citation.

 

SCHEDULE

 

 

 

 

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (FIRST ALTERATION) ACT, 2010

 

CITATION

An Act to alter the provisions of the Constitution of the Federal Republic of Nigeria 1999 and for related matters— 6th July, 2010

ENACTED by the National Assembly of the Federal Republic of Nigeria—

1.       The Constitution of the Federal Republic of Nigeria 1999 (in this Act referred to as "the Principal Act") is altered as set out in this Act.

2.       Section 66(1) (h) of the Principal Act is deleted.

 

3.       Section 69 of the Principal Act is altered, in paragraph (a), by inserting immediately after the word "member" in line 4, the words, "and which signatures  are duly verified by the Independent National Electoral Commission".

4.       Section 75 of the Principal Act is altered by deleting—

(a)      the expression, "the 1991 Census of the Population of Nigeria or", in line 3 ; and

(b)      the words, "after the coming into force of the provisions of this part of this Chapter of this Constitution" immediately after the word "Assembly", in lines 4 and 5.

5. Section 76 of the Principal Act is altered—

(а)      in subsection (1), line 2, by inserting immediately after the word 'Commission" the words, "in accordance with the Electoral Act" ; 

(б)      in subsection (2), by substituting for the words—

 

(i)       "sixty days before and not later than the date on which the House stands dissolved", in lines 2 and 3, the words, "one hundred and fifty days and not later than one hundred and twenty days before",

(ii)      "three months" in lines 3 and 4, the words, "ninety days", and

(iii)     "one month" in line 4, the words, "thirty days.

6.       Section 81 of the Principal Act is altered by substituting for the existing,subsection (3) a new subsection "(3)"—

(3)      The amount standing to the credit of the—

(a)      Independent National Electoral Commission,

(h)      National Assembly, and

(c)      Judiciary,

in the Consolidated Revenue Fund of the Federation shall be paid directly to the said bodies respectively; in the case of the Judiciary, such amount shall be paid to the National Judicial Council for disbursement to the heads of the courts established for the Federation and the States under section 6 of this Constitution."

7.       Section 84 of the Principal Act is altered by inserting immediately after the existing subsection (7) a new subsection "(8)"—

"(8)    The recurrent expenditure of the Independent National Electoral Commission, in addition to salaries and allowances of the Chairman and members, shall be a charge upon the Consolidated Revenue Fund of the Federation."

8. Section 107(i)(a) of the Principal Act is deleted.

 

9.       Section 110 of the Principal Act is altered, in paragraph (a), by inserting immediately after the word "member" in line 4, the words "and which signatures are duly verified by the Independent National Electoral Commission".

 

10. Section 116 of the Principal Act is altered—

(a)      in subsection (1), line 2, by inserting immediately after the word

'Commission", the words, "in accordance with the Electoral Act" ; and

(b       in subsection (2), by substituting for the words—

(i)       "sixty days before and not later than the date on which the House of

Assembly stands dissolved", in lines 2 and 3, the words, "one hundred and fifty days and not later than one hundred and twenty days before",

(ii)      "three months" in line 4, the words, "ninety days", and

(m)     "one month" in line 4, the words, "thirty days".

11.     Section 132 of the Principal Act is altered—

(a)      in subsection (1), line 2, by inserting immediately after the word,

"Commission" the words, "in accordance with the Electoral Act" ; and

 

(b)      in subsection (2), lines 1 and 2, by substituting for the words, "sixty days and not later than thirty", the words, "one hundred and fifty days and not later than one hundred. and twenty".

12.     Section 135 of the Principal Act is altered by inserting immediately after the existing subsection (2) a new subsection (2 A):

 

"(2A)   In the determination of the four year term, where a re-run election has taken place and the person earlier sworn in wins the re-run election, the time spent in the office before the date the election was annulled, shall be taken into account."

13.     Section 137(1)(/) of the Principal Act is deleted.

14.     Section 145 of the Principal Act is substituted for anew section "145"—

145.—(1)       Whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall Transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to that effect, and until he transmits to them a written declaration to the contrary, the Vice-President shall perform the functions of the President as Acting President.

 

(2)      In the event that the President is unable or fails to transmit the written declaration mentioned in subsection (1) of this section within 21 days, the National Assembly shall, by a resolution made by a simple majority of the vote of each House of the National Assembly, mandate the Vice-President to perform the functions of the office of the President as Acting President until the President transmits a letter to the President of the Senate and Speaker of the House of Representatives that he is now available to resume his functions as President."

 

15.     Section 156 of the Principal Act is altered in subsection (1) (a), line 2, by inserting immediately after the word "Representatives", the words, "provided that a member of any of these bodies shall not be required to belong to a political party, and in the case of the Independent National Electoral Commission, he shall not be a member of a political party."

Section 156.

16.     Section 160 of the Principal Act is altered, in subsection (1), line 4, by

inserting immediately after the word "functions", the words, "provided that in the case of the Independent National Electoral Commission, its powers to make its own rules or otherwise regulate its own procedure shall not be subject to the approval or control of the President."

17.     Section 178 of the Principal Act is altered—

(a)      in subsection (1), line 2, by inserting immediately after the word,

"Commission", the words, "in accordance with the Electoral Act" ; and

 

(b)      in subsection (2), line 2, by substituting for the words "sixty days and not later than thirty", the words, "one hundred and fifty days and not later than one hundred and twenty".

 

18.     Section 180 of the Principal Act is altered by inserting immediately after the existing subsection (2) a new section "(2A)"—

 

"(2A)   In the determination of the four year term, where a re-run election has taken place and the person earlier sworn in wins the re-run election, the time spent in office before the date the election was annulled shall be taken into account".

19.     Section 182 (1)(/) of the Principal Act is deleted.

 

20.     Section 190 of the Principal Act is substituted for a new section "190"—

 

190.    (1)      Whenever the Governor is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the Speaker of the House of Assembly to that effect, and until he transmits to the Speaker of the House of Assembly a written declaration to the contrary, the Deputy Governor shall perform the functions of the Governor as Acting Governor.

(2)      In the event that the Governor is unable or fails to transmit the written

declaration mentioned in subsection (1) of this section within 21 days, the House of Assembly shall, by a resolution made by a simple majority of the vote of the House, mandate the Deputy Governor to perform the functions of the office of the Governor as Acting Governor, until the Governor transmits a letter to the Speaker that he is now available to resume his functions as Governor."

 

21.     Section 200(1) (a), line 2, of the Principal Act is altered, by inserting immediately after the word "Assembly", the words, "provided that a member of any of the said bodies shall not be required to belong to a political party and, in the case of the State Independent Electoral Commission, he shall not be a member of a political party".

 

22.     Section 228 (a) and (b) of the Principal Act is substituted for a new section "228 (a) and (b)—

 

(a)      guidelines and rules to ensure internal democracy within political parties, including making laws for the conduct of party primaries; party congresses and party conventions ; and

 

(b)      the conferment on the Independent National Electoral Commission of powers as may appear to the National Assembly to be necessary or desirable for the purpose of enabling the Commission more effectively ensure that political parties observe the practices of internal democracy, including the fair and transparent conduct of party primaries, party congresses and party conventions".

23.     Section 229 of the Principal Act is altered by deleting the interpretation

of the word "association".

24.     Section 233(2) of the Principal Act is altered in paragraph(e) by—

 

(a)      substituting for the word "or" after the word "President" in subparagraphs (i), (ii) and (iii), a comma - "," ; and

 

(b)      inserting immediately after the word "Vice-President" in subparagraphs (i), (ii) and (iii), the words, "Governor or Deputy Governor".

25.     Section 239 of the Principal Act is altered by—

 

(a)          substituting for the word "or" after the word "President" in paragraphs (a), (b) and (c), a comma - " , " ; and

 

(b)          inserting immediately after the word "Vice-President" in paragraphs (a), (b) and (c), the words "Governor or Deputy Governor".

26.     Section 246 of the Principal Act is altered—

(a)      in subsection (1) (b), by—

 

(i)       substituting for the words, "National Assembly Election Tribunals and Governorship and Legislative Houses Election Tribunals", the words "National and State Houses of Assembly Election Tribunals",

(ii)      deleting subparagraph (ii), and

(iii)     renumbering the paragraph appropriately ; and

 

(b)      in subsection (3), line 2, by inserting immedately after the word "final", the words, "provided that an interlocutory application may be decided during the delivery of judgment".

 

27.     Section 251 of the Principal Act is altered by inserting immediately after the existing subsection (3) a new subsection "(4)"—

 

"(4)    The Federal High Court shall have and exercise jurisdiction to determine any question as to whether the term of office or a seat of a member of the Senate or the House of Representatives has ceased or his seat has become vacant." 

28.     Section 272 of the Principal Act is altered by inserting immediately after the existing subsection (2) a new subsection "(3)"—         

"(3)    Subject to the provisions of section 251 and other provisions of this Constitution, the Federal High Court shall have jurisdiction to hear and determine the question as to whether the term of office of a member of the House of Assembly of a State, a Governor or Deputy Governor has ceased or become vacant".

29.     Section 285 of the Principal Act is altered—

(a)      by substituting for the existing subsection (1) a new subsection "(1)"—

 

"(1)    There shall be established for each State of the Federation and the Federal Capital Territory one or more election tribunals to be known as the National and State Houses of Assembly Election Tribunals which shall, to the exclusion of any Court or Tribunal, have original jurisdiction to hear and determine petitions as to whether—

(a)      any person has been validly elected as a member of the National Assembly ; and

(b)      any person has been validly elected as member of the House of Assembly of a State";

(b)      by deleting subsection (2) ;

(c)      in subsection (3), lines 1 and 2 by substituting for the words "National Assembly, Governorship and Legislative Houses Election Tribunals" , the words, "National and State Houses of Assembly Election Tribunals" ;

(d)      in subsection (4), line 2 by substituting for the word, "two", the word, "one" ;

(e)      by inserting new subsections "(5)"-"(8)"—

"(5)    An election petition shall be filed within 21 days after the date of the declaration of result of the elections.

(6)      An election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition.

(7)      An appeal from a decision of an election tribunal or court shall be heard and disposed of within 60 days from the date of the delivery of judgment of the tribunal.

(8)      The Court in all appeals from election tribunal may adopt the practice oi first giving its decision and reserving the reasons therefore to a later date."

 

30.     This Act may be cited as the Constitution of the Federal Republic of Nigeria (First Alteration) Act, 2010.

 

S E C O N D S C H E D U L E

Part I, Item 56 of the Second Schedule to the Constitution is altered by inserting before the word "Regulation" the words, "Formation and".

 

 

T H I R D S C H E D U L E

Item (F) of the Third Schedule to the Constitution is altered—


(a)     
by substituting for paragraph 14, a new paragraph "14"—

"14     (1)      The Independent National Electoral Commission shall comprise the following members—

 

(a)      a Chairman, who shall be the Chief Electoral Commissioner ; and

 

(b)      twelve other members to be known as National Electoral  Commissioners.

 

 

(2)      A member of the Commission shall—


(a)      be non-partisan and a person of unquestionable integrity ; and

(b)      be not less than 40 years of age in the case of the Chairman and not less than 35 years of age in the case of the National Commissioners.

 

(3)      There shall be for each State of the Federation and the Federal Capital Territory, Abuja, a Resident Electoral Commissioner who shall—


(a      
be appointed by the President subject to confirmation by the Senate ;

(b)      be a person of unquestionable integrity and shall not be a member of any political party ; and


(c)      not be less than 35 years of age" ; and

(d)      in paragraph (15)(c), line 2, by inserting immediately after the word "finances", the words, "conventions, congresses and party primaries".

 

S I X T H S C H E D U L E

The Sixth Schedule to the Constitution is altered—

(a)      by deleting, the word "Assembly" and inserting immediately after the word     "National" the words "and State Houses of Assembly Election Tribunals" in Heading "A" ;

(b)      in paragraph 1(1), line 1, by deleting immediately after the word "National" the word "Assembly", and inserting the words, "and State Houses of Assembly Election Tribunals" ;

(c)      in subparagraph (2), line 1, by substituting for the word "four", the word "two" ; and


(d)     
by deleting—


(/)      Heading "B", and


(ii)     
paragraph 2(1), (2) and (3).

 

I certify, in accordance with Section 2 (1) of the Acts Authentication Act, Cap. A2, Laws of the Federation of Nigeria 2004, that this is a true copy of the Bill passed by both Houses of the National Assembly.

 


EXPLANATORY MEMORANDUM

This Act alters the Constitution of the Federal Republic of Nigeria, 1999 among other things, to provide for the Financial Independence of the National Assembly and Independent National Electoral Commission.

 



CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (SECOND ALTERATION) ACT, 2010

ACT NO.2

 

Section

Object

Section

Object

1

Alteration of the 1999 Constitution and the Constitution (First Alteration) Act No. 5, 2010

1

Alteration of Section 5 of the First Alteration Act

3

Alteration of Section 10 of the First Alteration Act

4

Alteration of Section 11 of the First Alteration Act

5

Alteration of Section 17 of the First Alteration Act

6

Substitution for Section 233 of the Constitution and Section 24 of the First Alteration Act

7

Substitution for Section 25 of the First Alteration Act and Section 239 of the Constitution

8

Substitution for Section 246 of the Constitution and Section 26 of the First Alteration Act

9

Substitution for Section 285 of the Constitution and Section 29 of the First Alteration Act

10

Substitution for the Sixth Schedule to the Constitution and Sixth Schedule to the First Alteration Act

11

Citation

 

 

 

 

 

 

 

 

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (SECOND ALTERATION) ACT, 2010 CITATION

An Act to alter the provisions of the Constitution of the Federal Republic of Nigeria, 1999 and the Constitution of the Federal Republic of Nigeria (First Alteration) Act, 2010; and for related matters.

 

COMMENCEMENT:               29TH NOVEMBER, 2011

ENACTED BY THE NATIONAL ASSEMBLY OF THE FEDERAL REPUBLIC OF NIGERIA—

 

1.       The provisions of the Constitution of the Federal Republic of Nigeria 1999 (in this Act referred to as the “Constitution”) and the provisions of the Constitution of the Federal Republic of Nigeria (First Alteration) Act No. 5 2010 (in this Act referred to as the “First Alteration Act”) are altered as set out in this Act.

Time of Election to the National Assembly (Alteration of Section 5 of the First Alteration Act)

2.       Section 5 of the First Alteration act is altered in paragraph (b) by substituting for the words “one hundred and fifty days and not later than one hundred and twenty days before” in line 2 and 3, the words “ one hundred and fifty days and not later than thirty days before”.

Time of Election to House of Assembly (Alteration of Section 10 of the First Alteration act

3.       Section 10 of the First Alteration act is altered in paragraph (b) by substituting for the words “one hundred and fifty days and not later than one hundred and twenty days before” in lines 2 and 3,  the words “one hundred and fifty days before”.

Election of the President: General (Alteration of Section 11 of the First Alteration Act)

4.       Section 11 of the First Alteration Act is altered in paragraph (b) by substituting the words “one hundred and fifty days and not later than one hundred and twenty days before” in lines 2 and 3, the words “one hundred and fifty days and not later than thirty days before”.

Election of Governor

5.       Section 17 of the  First Alteration Act is altered in paragraph (b) by substituting the words “one hundred and fifty days and not later than one hundred and twenty days before” in lines 2 and 3, the words “one hundred and fifty days and not later than thirty days before”.

Appellate Jurisdiction (Substitution for Section 233 of the Constitution and Section 24 of the First Alteration Act)

6.       Section 233 of the Constitution and section 24 of the First Alteration Act are substituted for the following new section –

“(1)    The Supreme Court shall have jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Court of Appeal.

(2)      An appeal shall lie from the decisions of the Court of Appeal to the Supreme Court as of right in the following cases—

(a)      where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings before the Court of Appeal;

(b)      decisions in any civil or criminal proceedings on questions as to the interpretation or application of this Constitution;

(c)      decisions in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter IV of this Constitution has been, is being or is likely to be contravened in relation to any person;

(c)      decisions in any criminal proceedings in which any person has been sentenced to death by the Court of Appeal or in which the Court of Appeal has affirmed a sentence of death imposed by any other Court;

(e)      decisions on any question—

(i)       whether any person has been validly elected to the office of President or Vice-President under this Constitution,

(ii)      whether the term of office of President or Vice President has ceased;

(iii)     whether the office of President or Vice-President has become vacant;

(iv)     whether any person has validly elected to the office of Governor or Deputy-Governor under this Constitution;

(v)      whether the term of office of a Governor or Deputy Governor has ceased;

(vi)     whether the office of Governor or Deputy Governor has ceased;

(vi)     whether the office of Governor or Deputy Governor has become vacant; and

(f)      such other cases as may be prescribed by an Act of the National Assembly”.  

 

ORIGINAL JURISDICTION (Substitution for section 25 of the Alteration Act and section 239 of the Constitution)         

7.       Section 25 of the First Alteration Act and Section 239 of the Constitution are substituted fopr the following new sections—

“(1)    Subject to the provisions of this Constitution, the Court of Appeal shall, to the exclusion of any other court of law in Nigeria, have original jurisdiction to hear and determine any question as to whether—

(a)      whether any person has been validly elected to the office of President or Vice-President under this Constitution,

(b)      whether the term of office of President or Vice President has ceased;

(c)      whether the office of President or Vice-President has become vacant;

(2)      in the hearing and determination of an election petition under paragraph (a) of subsection (1) of this section, the Court of Appeal shall be duly constituted if it consists of at least three Justices of the Court of Appeal.

Appeal from Code of Conduct Tribunal and other Courts and Tribunals

8.       Section 26 of the First Alterations Act and section 246 of the Constitution are substituted for the following new section—

“(1)    An appeal to the Court of Appeal shall lie as of right from—

(a)      decisions of the Code of Conduct tribunal established in the Fifth Schedule to this Constitution

(b)      decisions of the National and State Houses of Assembly Election Tribunals; and

(c)      decisions of the Governorship Election Tribunals, on any question as to whether—

(i)       any person has been validly elected as a member of the National Assembly or of a House of a Assembly of a State under this Constitution

(ii)      any person has been validly elected to the office of a Governor or Deputy Governor, or

(ii)      the term of office of any person has ceased or the seat of any such person has become vacant.

(2)      The National Assembly may confer jurisdiction upon the Court of Appeal to hear and determine appeals from the decision of any other court of law or tribunal established by the National Assembly.

(3)      The decisions of the Court of Appeal in respect of appeals arising from the National and State Houses of Assembly election petitions shall be final”.

Establishment of Election Tribunals and Time for Determination of Election Petitions (Substitution for Section 285 of the Constitution and section 29 of the First Alteration Act)

9.       Section 29 of the First Alteration Act and section 285 of the Constitution are substituted for the following new sections—

“(1)    There shall be established for each State of the Federation and the Federal Capital Territory, one or more election tribunals to be known as the National and State Houses of Assembly Election Tribunals which shall, to the exclusion of any Court or tribunal, have original jurisdiction to hear and determine petitions as to whether—

(a)      Any person has been validly  elected as a member of the National Assembly; or

(b)      Any person has been validly elected as a member of the House of a Assembly of a State.

(2)      There shall be established in each State of the Federation an election tribunal to be known as the Governorship Election Tribunal which shall, to the exclusion of any court or tribunal, have original jurisdiction to hear and determine petitions a to whether any person has been validly elected to the office of Governor or Deputy Governor of a State.

(3)      The composition of the National and State Houses of Assembly Election Tribunal and the Governorship Election Tribunal, respectively shall  be as set out in the Sixth Schedule to this Constitution.

(4)      The quorum of an election tribunal established under this section shall be the Chairman and one other member.

(5)      An election petition shall be filed within 21 days after the date of the declaration of result of the elections;

(6)      An election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition;

(7)      An appeal from a decision of an election tribunal or Court of Appeal in an election matter shall be heard and disposed of within 60 days from the date of delivery of judgment of the tribunal or Court of Appeal.

(8)      The Court, in all final appeals from an election tribunal or court may adopt the practice of first giving its decision and reserving the reasons therefore to a latter date.”

10.     The Sixth Schedule to the Constitution of the Federal Republic of Nigeria, 1999, is substituted for a new “Sixth Schedule”—

“Sixth Schedule (Substitution for the Sixth Schedule to the Constitution and Sixth Schedule to the First Alteration Act)

A—NATIONAL AND STATE HOUSES OF ASSEMBLY ELECTION TRIBUNAL

1.       (1)      A National and State Houses of Assembly Election Tribunal shall consist of a Chairman and two other members.  

(2)      The Chairman who shall be a Judge of a High Court and the two other members shall be appointed from among Judges of a High Court, Kadis of a Sharia Court of Appeal, Judges of a Customary Court of Appeal of the State or the President of the Customary of Appeal or members of the judiciary not below the rank of a Chief Magistrate.

(3)      The Chairman and other members shall be appointed by the President of the Court of Appeal in consultation with the Chief Judge of the State, the Grand Kadi of the Sharia Court of Appeal of the State or the President of the Customary Court of Appeal of the State, as the case may be”.

11.     This Act may be cited as the Constitution of the Federal Republic of Nigeria (Second Alteration) Act, 2010.

EXPLANATORY MEMORANDUM

This Act further alters the Constitution of the Federal Republic of Nigeria, 1999 and the Constitutions of the Federal Republic of Nigeria (First Alteration) Act, 2010 among other things to provide for new timelines for the conduct of national elections, by the Independent National Electoral Commission.

 

SCHEDULE TO THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (SECOND ALTERATION) BILL 2010

Short Title of the Bill

Long title of the Bill

Summary of the content of bill

Date passed by the Senate

Date passed by the House of Representatives

Date of Receipt of approval by the State Houses of Assembly

Constitution of the Federal Republic of Nigeria (Second Alteration) Bill 2010

An Act to alter the Constitution of the Federal Republic of Nigeria (First Alteration) Act 2010 among other things, to provide for new time-lines for the conduct of national elections by the Independent National Electoral Commission

The Bill further alters the Constitution of the Federal Republic of Nigeria, 1999 and the Constitution of the Federal Republic of Nigeria (First Alteration) Act, 2010 among other things to provide for new time-lines for the conduct of national elections by the Independent National Electoral Commission

3rd November, 2010

4th November, 2010

29th November, 2010

 

 

 

 

 

 

 



CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (THIRD ALTERATION) ACT, 20IO

 

ARRANGEMENT OF SECTIONS

Section

Object

Section

Object

1

Alteration of Cap. C23 LFN, 2004

2

Alteration of section 6 of the Principal Act

3

Alteration of section 84 of the Principal Act

4

Alteration of section 240 of the Principal Act

5

Alteration of section 243 of the Principal Act

6

Insertion of new sections 254A _. 254F

7

Alteration of section 287 of the Principal Act

8

Alteration of section 289 of the Principal Act

9

Alteration of section 292 of the Principal Act

10

Alteration of section 294 of the Principal Act

11

Alteration of section 295 of the Principal Act

12

Alteration of section 316 of the Principal Act

13

Alteration of section 318 of the Principal Act

14

Alteration of the Third Schedule to the Principal Act

15

Alteration of the Seventh Schedule to the Principal Act

16

Citation

 

 

CITATION

An Act to alter the Constitution of the Federal Republic of Nigeria Cap. C.23, Laws of the Federation of Nigeria, 2004 for the   establishment of the National Industrial Court under the Constitution

 

ENACTED by the National Assembly ofthe Federal Republic of Nigeria—

Alteration of Cap C23, Laws of the Federation, 2004

1.       The Constitution of the Federal Republic of Nigeria Cap. C23, Laws of the Federation of Nigeria. 2004 (in this Act referred to as "the Principal Act") is altered as set out under this Act.

 

Alteration of Section 6 of the Principal Act

 

2.       Section 6 of the Principal Act is altered in subsection (5) by inserting immediately after the existing paragraph (c) a new paragraph "(ee)"-

 

"(cc) the National Industrial Court"

Alteration of Section 84 of the Principal Act

3.       Section 84(4) of the Principal Act is altered by inserting immediately after the words "Judge of the Federal High Court" in line 4, the words "President of the National Industrial Court, Judge of the National Industrial Court".

 

Alteration of Section 240 of the Principal Act

 

4.       Section 240 of the Principal Act is altered by inserting immediately after the words "Federal High Court" in line 3. the words "the National Industrial Court".

 

Alteration of section 243 of the Principal act

5.       Section 243 of the Principal Act is altered by-

 

(a)      inserting immediately after the words "Federal High Court" in the

marginal note, the words "National Industrial Court"; and

 

(b)      inserting immediately after thc existing section 243, new subsections "(2) (4)"-

 

"(2)    An appeal shall lie from the decision of the National Industrial Court as of right to the Court of Appeal on questions of fundamental rights as contained in Chapter IV of this Constitution as it relates to matters upon which the National Industrial Court has jurisdiction.

 

(3)      An Appeal shall only lie from the decision of the National

Industrial Court to the Court of Appeal as may be prescribed by an Act of the National Assembly: Provided that where an Act or Law prescribes that an appeal shall lie from the decisions of the National Industrial Court to the Court of Appeal, such appeal shall be with the leave of the Court of Appeal.

 

(4)      Without prejudice to the provisions of section 254C (5) of this Act the decision of the Court of Appeal in respect of any appeal arising from any civil jurisdiction of the National Industrial Court shall be final"; and

 

(c)      renumbering section 243 as new section "243 (1)". Chapter VIL Part I of the Principal Act is altered by inserting immediately after section 254 a new sub-heading "(cc)" and sections "254A - 254F"-

 

"CC- The National Industrial Court of Nigeria

 

254A-  (I)      There shall be a National Industrial Court of Nigeria.

 

(2)      The National Industrial Court shall consist of:

 

(a)      President of the National Industrial Court; and

 

(b)      such number of Judges of the National Industrial Court as may be prescribed by an Act of the National Assembly.

 

254 B            (1)      The appointment of a person to the office of President of the National Industrial Court shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.

 

(2)      The appointment of a person to the office of a Judge of the National Industrial Court shall be made by the President on the recommendation of the National Judicial Council.

 

(3)      A person shall not be eligible to hold the office of a President of the National Industrial Court unless the person is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than ten years and has considerable knowledge and experience in the law and practice of industrial relations and employment conditions in Nigeria.

 

(4)      A person shall not be eligible to hold the office of a Judge of the National Industrial Court unless the person is a legal practitioner ill Nigeria and has been so qualified for a period of not less than ten years and has considerable knowledge and experience in the law and practice of industrial relations and employment conditions in Nigeria.

 

(5)      If the office of the President of the National Industrial Court is vacant, or if the person holding the office is for any reason unable to perform the functions of the office, then, until a person has been appointed to and assumed the functions of that office or until the person holding the office has resumed those functions, the President shall appoint the most senior Judge of the Court having the qualification to be appointed as President of the National Industrial Court as provided under subsection (3) of this section to perform those functions.

 

(6)      Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (5) of this section shall cease to have effect after the expiration of three months from the date of such appointment and the President shall not reappoint a person whose appointment has lapsed.

 

Jurisdiction

 

254 C- (I)      Notwithstanding the provisions of sections 251, 257, 272 and anything contained in this Constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, the National Industrial Court shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters-

 

(a)      relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, wcl fare of labour, employee, worker and matters incidental thereto or connected therewith;

 

(b)      relating to, connected with or arising from Factories Act, Trade Disputes Act, Trade Unions Act, Labour Act, Employees' Compensation Act or any other Act or Law relating to labour, employment, industrial relations, workplace or any other enactment replacing the Acts or Laws;

 

(c)      relating to or connected with the grant of any order restraining any person or body from taking part in any strike, lock-out or any industrial action, or any conduct in contemplation or in furtherance of a strike, lock-out or any industrial action and matters Connected therewith or related thereto;

 

(d)      relating to or connected with any dispute over the interpretation and application of the provisions of Chapter IV of this Constitution as it relates to any employment, labour, industrial relations, trade unionism, employer's association or any other matter which the Court has jurisdiction to hear and determine;

 

(e)      relating to or connected with any dispute arising from national minimum wage for the Federation or any part thereof and matters connected therewith or arising there from;

 

(1)      relating to or connected with unfair labour practice or international best practices in labour, employment and industrial relation mallers;

 

(g)      relating to or connected with any dispute arising from discrimination or sexual harassment at workplace;

 

(h)      relating to, connected with or pertaining to the application or interpretation of international labour standards;

 

(i)       connected with or related to child labour, child abuse, human trafficking or any matter connected therewith or related thereto;

 

(j)      relating to the determination of any question as to the interpretation and application of any-

 

(i)       collective agreement;

 

(ii)      award or order made by an arbitral tribunal in respect of a trade dispute or a trade union dispute;

 

(iii)     award or judgment of the Court;

 

(iv)     term of settlement of any trade dispute;

(v)      trade union dispute or employment dispute as may be recorded in a memorandum of settlement;

 

(vi)     trade union constitution, the constitution of an association of employers or any association relating to employment, labour, industrial relations or work place;

 

(vii)    dispute relating to or connected with any personnel matter arising from any free trade zone in the Federation or any part thereof;

 

(k)      relating to or connected with disputes arising from payment or nonpayment of salaries, wages, pensions, gratuities, allowances, benefits and any other entitlement of any employee, worker, political or public office holder, judicial officer or any civil or public servant in any part of the Federation and matters incidental thereto;

 

(l)       relating to-

 

(i)       appeals from the decisions of the Registrar of Trade Unions, or matters relating thereto or connected therewith;

 

(ii)      appeals from the decisions or recommendations of any administrative body or commission of enquiry, arising from or connected with employment, labour, trade unions or industrial relations; and

 

(iii)     such other jurisdiction, civil or criminal and whether to the exclusion of any other court or not, as may be conferred upon it by an Act of the National Assembly;

 

(m)     relating to or connected with the registration of collective agreements.

 

(2)      Notwithstanding anything to the contrary in this Constitution, the

National Industrial Court shall have the jurisdiction and power to deal with any matter connected with or pertaining 10 the application of any international convention, treaty or protocol of which Nigeria has ratified relating to labour, employment, workplace, industrial relations or matters connected therewith.

 

(3)      The National Industrial Court may establish an Alternative Dispute Resolutions Centre within the Court premises on matters which jurisdiction is conferred on the court by this Constitution or any Act or Law:

 

Provided that nothing in this subsection shall preclude the National Industrial Court from entertaining and exercising appellate and supervisory jurisdiction over an arbitral tribunal or commission, administrative body, or board of inquiry in respect of any matter that the National Industrial Court has jurisdiction to entertain or any other matter as may be prescribed by an Act of the National Assembly or any Law in force in any part of the Federation.

 

(4)      The National Industrial Court shall have and exercise jurisdiction and powers to entertain any application for the enforcement of the award, decision, ruling or order made by any arbitral tribunal or commission, administrative body, or board of inquiry relating to, connected with, arising from or pertaining to any matter of which the National Industrial Court has the jurisdiction to entertain.

 

(5)      The National Industrial Court shall have and exercise jurisdiction and powers in criminal causes and matters arising from any cause or matter of which jurisdiction is conferred on the National Industrial Court by this section or any other Act of the National Assembly or by any other law.

 

(6)      Notwithstanding anything to the contrary in this Constitution, appeal shall lie from the decision of the National Industrial Court from matters in sub-section 5 of this section to the Court of Appeal as of right.

 

Powers

 

254D   (1)      For the purpose of exercising any jurisdiction conferred upon it by this Constitution or as may be conferred by an Act of the National Assembly, the National Industrial Court shall have all the powers of a High Court.

 

(2)      Notwithstanding subsection (I) of this section, the National Assembly may by law, make provisions conferring upon the National Industrial Court powers additional to those conferred by this section as may appear necessary or desirable for enabling the Court to be more effective in exercising its jurisdiction.

 

 

Constitution of the Court

 

254 E  (1)      For the purpose or exercising any jurisdiction conferred upon it by this Constitution or any other law, the National Industrial Court shall be duly constituted if it consists of a single Judge or not more than three Judges as the President of the National Industrial Court may direct.

 

(2)      For the purpose of exercising its criminal jurisdiction, the President of the Court may hear and determine or assign a single Judge of the Court to hear and determine such matter.

 

(3)      For the purpose of exercising any jurisdiction conferred upon it by the Constitution or any other law, the Court may. if it thinks it expedient to do so or in a manner prescribed under any enactment, law or rules of court, call in the aid of one or more assessors specially qualified to try and hear the cause or matter wholly or partly with the assistance of such assessors.

 

(4)      For the purpose of subsection(3) of this section, an assessor shall be a person who is qualified and experienced in his field of specialization and who has been so qualified for a period of not less than ten years.

 

254F   (1)      Subject to the provisions of any Act of the National Assembly, the President of the National Industrial Court may make rules for regulating the practice and procedure of the National Industrial Court.

 

(2)      For the purpose of exercising its criminal jurisdiction, the provisions of the Criminal Code, Penal Code, Criminal Procedure Act, Criminal Procedure Code or Evidence Act shall apply".

 

 

Alteration of section 287 of the Principal Act

 

7.       Section 287(3) of the Principal Act is altered by inserting "the National industrial Court" immediately after, "the Federal High Court", in lines 1 and 4 respectively.

 

Alteration of section 289 of the Principal Act

 

8.       Section 289 of the Principal Act is altered by inserting immediately after the words "a Judge of the Federal High Court or" in line 2, the words "Judge of the National Industrial Court".

 

 

Alteration of section 292 of the Principal Act

 

9.       Section 292 of the Principal Act is altered in subsection (1)(a)(i), line 2, by inserting immediately after the words "Federal High Court" the words, "President of the National Industrial Court".

 

 

Alteration of section 294 of the Principal Act

 

10.     Section 294(4) of the Principal Act is altered by inserting immediately after the word "Appeal" in line 2, the words "or the National Industrial Court".

 

Alteration of section 295 of the Principal Act

11.     Section 295 of the Principal Act is altered-

 

(a)      in subsection (I), by inserting immediately alter the word "or" in lines 4 and 7, the words, "the National Industrial Court";

 

(b)      in subsection (I )(b), by inserting immediately after the word "or" in line 3, the words, "National Industrial Court or"; and

 

(c)      in subsection (2). by inserting immediately after the word "or" in line 2, the words, "National Industrial Court or",

 

 

Alteration of Section 316 of the Principal Act

12.     Section 316 or the Principal Act is altered by inserting a new subsection "(5)" after the existing subsection (4)-

"(5)    Notwithstanding the provisions of this section the National Industrial Court Act 2006 and any office or authority established and charged with any function under the Act, shall be deemed to have been duly established and shall continue to be charged with such function by virtue of this Constitution or in accordance with the provision of a law made thereunder",

 

 

Alteration of Section 318 of the Principal Act

 

13.     Section 318 of the Principal Act is altered by inserting the words-

 

(a)      "the office or the President or Judge of the National Industrial Court" immediately alter the words "Federal High Court" in line 3 under the interpretation of Judicial Office; and

 

(b)      "the National Industrial Court" immediately after the words "the Federal High Court" in paragraph (b), line 1 under the interpretation of "Public Service of the Federation",

 

 

Alteration to the Third Schedule to the Principal Act

 

14.     The Third Schedule to the Principal Act is altered-

 

(a)      in paragraph 12, by inserting immediately after paragraph (d), a new paragraph "( dd)"-

 

"(dd)" the President of the National Industrial Court";

 

(b)      in paragraph 13(a), by inserting new subparagraphs "(via)" and "(vib)" immediately after the existing subparagraph (vi)-

 

"(via)            the President of the National Industrial Court"; and

 

"(vib) a Judge of the National Industrial Court, and";

 

(c)      in paragraph 13(c), by inserting immediately after the word "Court", in

line 3, the words "the National Industrial Court";

 

(d)      in paragraph 20, by inserting immediately alter subparagraph (e), a new subparagraph "(ee)-

 

"(ee)" "The President of the National Industrial Court"; and

 

(e)      in paragraph 21(a)(i), by inserting immediately after the words "Federal High Court" in line 4, the words "the President and Judges of the National Industrial Court".

 

 

Alteration of the Seventh Schedule to the Principal Act

 

The Seventh Schedule to the Principal Act is altered by inserting immediately after the words "Federal High Court" in line 4 under "Judicial Oath", the words "President/Judge of the National Industrial Court".

 

 

Citation

This Act may be cited as the Constitution (Third Alteration) Act, 2010

 

Short Title of the Bill

Long title of the Bill

Summary of the content of bill

Date passed by the Senate

Date passed by the House of Representatives

Date of Receipt of approval by the State Houses of Assembly

Constitution of the Federal Republic of Nigeria (Third Alteration) Bill 2010

An Act to alter the

The Bill seeks to further alter the Constitution of the Federal Republic of Nigeria for the Establishment of the National Industrial Court under the Constitution

14th December, 2010

15th December, 2010

8th February, 2011

 

 

 

 

 

 

 


       



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