 REPORT OF THE CONFERENCE COMMITTEE FOR A BILL FOR AN ACT TO ALTER
THE PROVISIONS OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 AND FOR OTHER
MATTERS CONNECTED THERETO 2010
Section Provisions of the
Constitution/
Principal Act
Qualifications for election
Section 65
(1)… a person shall be qualified
for election as a member of-
(a) the Senate, if he is a citizen of
Nigeria and has attained the age
of thirty five years; and
(b) the House of Representatives,
if he is a citizen of Nigeria and
has attained the age of thirty
years;
(2) A person shall be qualified for
election under subsection (1) of
this section if –
(a) he has been educated up to
at least school certificate level or
its equivalent; and
(b) he is a member of a political
Senate Bill as Passed
Qualification for election
Retained as in Principal Act
(2) A person shall be qualified for
election under subsection (1) of
this section if –
(a) he has been educated up to
at least school certificate tertiary
level and obtained the
relevant certificates; and
(b) he is a member of a political
House of Reps Bill as Passed Harmonized Remarks
Qualification for election Qualification for election
(1)… a person shall be qualified 1. Retained as in Principal Act Senate
for election as a member of-
(a) the Senate, if he is a citizen
of Nigeria and has attained the
age of thirty five forty years;
and
(b) the House of Representatives,
if he is a citizen of Nigeria and
has attained the age of thirty
thirty-five years;
(2) A person shall be qualified for (2) A person shall be qualified House
election under subsection (1) of for election under subsection
this section if – (1) of this section if –
(a) he has been educated up to (a) he has been educated up
at least school certificate diploma to at least school certificate
level or its equivalent and diploma level or its equivalent
obtained the relevant and obtained the relevant
certificates, or has served as certificates, or has served
a member of the National as a member of the
Assembly; and National Assembly; and
(b) he is a member of a political (b) he is a member of a
1
 party and is sponsored by that party and is sponsored by that party and is sponsored by that political party and is sponsored
party. party or he is an independent party or he is an independent by that party or he is an
candidate. candidate. independent candidate.

(3) A person standing for election Nil Nil House

as an independent candidate shall
be qualified for election if he is
nominated by not less than thirty
ten registered voters in each
of at least two thirds of the
wards in the Senatorial
District in the case of a
Senator or and forty fifteen
registered voters for senatorial
and House of Representatives
respectively each of whose
signatures on the nomination
form shall be verified and
authenticated as provided by law,
from in each of at least two-
thirds of the electoral wards in
the relevant electoral in a
federal constituency , in the
case of a member of House of
Representative, whose
signatures on the nomination
form shall be verified by the
Independent National
Electoral Commission.
Section 66 Disqualifications Disqualifications Disqualifications Disqualifications

(1) No person shall be qualified

for election to the Senate or the (h) Retained as in Principal Act Deleted Senate
House of Representatives if –

(h) he has been indicted for (h) he has been indicted for

2
 embezzlement or fraud by a
Judicial Commission of inquiry or
an Administrative Panel of Inquiry
or a Tribunal set up under the
Tribunals 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, respectively;
Section 68 Tenure of seat of members
(1) A member of the Senate or
of the House of Representatives
shall vacate his seat in the House
of which he is a member if –
(g) “being a person whose
election to the House was
sponsored by a political party, he
becomes a member of another
political party before the
expiration of the period for which
that House was elected;
Provided that his membership
of the latter political party is not
as a result of a division in the
political party of which he was
previously a member or a merger
of two or more political parties or
factions by one of which he was
previously sponsored”
embezzlement or fraud by a
Judicial Commission of inquiry or
an Administrative Panel of Inquiry
or a Tribunal set up under the
Tribunals 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, respectively;
Tenure of seat of members
(g) being a person whose
election to the House was
sponsored by a political party, he
becomes a member of another
political party before the
expiration of the period for which
that House was elected;
Provided that his membership
of the latter political party is not
as a result of a division in the
political party of which he was
previously a member or a merger
of two or more political parties or
factions by one of which he was
previously sponsored”
Tenure of seat of members Tenure of seat of members
(g)
(i) “being a person whose 1. (g) Deleted Senate
election to the House was
sponsored by a political party, he
becomes a member of another
political party before the
expiration of the period for which
that House was elected;
Provided that his membership of
the latter political party is not as
a result of a division in the
political party of which he was
previously a member or a merger
of two or more political parties
or factions by one of which he
was previously sponsored”;
(ii) being a person who was
elected as an independent
candidate, he becomes a
member of any political party
3

Section 69 Recall
A member of the Senate or of the
House of Representatives may be
recalled as such a member if –
(a) there is presented to the
Chairman of the Independent
National Electoral Commission a
petition in that behalf signed by
more than one half of the persons
registered to vote in that
member’s constituency alleging
their loss of confidence in that
member; and
(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 simple majority of
Recall
A member of the Senate or of the
House of Representatives may be
recalled as such a member if –
(a) there is presented to the
Chairman of the Independent
National Electoral Commission a
petition in that behalf signed by
more than one half of the persons
registered to vote in that
member’s constituency alleging
their loss of confidence in that
member and which signatures
are duly verified by the
Independent National
Electoral Commission; and
before the expiration of the
period for which that House was
elected;
(iii) he resigns as a member of
the political party on whose
platform he was elected before
the expiration of the period for
which that House was elected,
provided that where a person is
expelled from the political party
on whose platform he was
elected, before the expiration of
the period for which that House
was elected, he shall retain his
seat if he does not join another
political party.
Recall Recall
Retained as in Principal Act A member of the Senate or of Senate
the House of Representatives
may be recalled as such a
member if –
(a) there is presented to the
Chairman of the Independent
National Electoral Commission
a petition in that behalf signed
by more than one half of the
persons registered to vote in
that member’s constituency
alleging their loss of
confidence in that member
and which signatures are
duly verified by the
Independent National
Electoral Commission; and
4
 the votes of the persons
registered to vote in that
member’s constituency.
Section 75 Ascertainment of population
For the purpose of section 72 of
this Constitution, the number of
inhabitants of Nigeria or any part
thereof shall be ascertained by
reference to the 1991 census of
the population of Nigeria or the
latest census held in pursuance of
an Act of the National Assembly
after the coming into force of the
provisions of this part of this
chapter of this constitution.
Section 76 Time of election to the
National Assembly
(1) Elections to each House of the
National Assembly shall be held
on a date to be appointed by the
Independent National Electoral
Commission.
(2) The date mentioned in
subsection (1) of this section
shall not be earlier than sixty
days before and not later than
the date on which the House
stands dissolved, or where the
Ascertainment of population
For the purpose of section 72 of
this Constitution, the number of
inhabitants of Nigeria or any part
thereof shall be ascertained by
reference to the 1991 census of
the population of Nigeria or the
latest census held in pursuance of
an Act of the National Assembly
after the coming into force of the
provisions of this part of this
chapter of this constitution.
Time of election to the
National Assembly
(1) Elections to each House of the
National Assembly shall be held
on a date to be appointed by the
Independent National Electoral
Commission.
(2) The date mentioned in
subsection (1) of this section shall
not be earlier than sixty days
before and one hundred and
fifty days and not later than the
date on which the ninety days
Ascertainment of population
For the purpose of section 72 of
this Constitution, the number of
inhabitants of Nigeria or any part
thereof shall be ascertained by
reference to the 1991 census of
the population of Nigeria or the
latest census held in pursuance
of an Act of the National
Assembly after the coming into
force of the provisions of this
part of this chapter of this
constitution.
Time of election to the
National Assembly
(1) Elections to each House of
the National Assembly shall be
held on a date to be appointed
by the Independent National
Electoral Commission in
accordance with the Electoral
Act..
(2) The date mentioned in
subsection (I) of this section shall
not be earlier than sixty days
before and one hundred and
fifty days and not later than the
date on which the one hundred
5
Ascertainment of population
For the purpose of section 72 Same
of this Constitution, the
number of inhabitants of
Nigeria or any part thereof
shall be ascertained by
reference to the 1991 census
of the population of Nigeria or
the latest census held in
pursuance of an Act of the
National Assembly after the
coming into force of the
provisions of this part of this
chapter of this constitution.
Time of election to the
National Assembly
(1) Elections to each House of House
the National Assembly shall be
held on a date to be appointed
by the Independent National
Electoral Commission in
accordance with the
Electoral Act.
(2) The date mentioned in
subsection (1) of this section
shall not be earlier than sixty
days before and one
hundred and fifty days and
not later than the date on
 election is to fill a vacancy
occurring more than three month
before such date, not later than
one month after the vacancy
occurred.
Section Authorization of expenditure
81
from the Consolidated
Revenue Fund
(3) Any amount standing to the
credit of the Judiciary in the
consolidated Revenue Fund of the
Federation shall be paid directly
to the National Judicial Council for
disbursement to the heads of the
Courts established for the
Federation and States under
Section 6 of this constitution.
Section 84 Remuneration, etc of the
President and certain other
officers,
before the date on which the
House stands dissolved, or where
the election is to fill a vacancy
occurring more than ninety days
before such date, not later than
thirty days after the vacancy
occurred.
Authorization of expenditure
from the Consolidated
Revenue Fund
(3) The amount standing to the
credit of the-
(a) Independent National
Electoral Commission,
(b) National Assembly,
(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.
Remuneration, etc of the
President and certain other
officers,
(8) The recurrent expenditure
of the Independent National
Electoral Commission in
and twenty days before the which the one hundred and
date on which the House twenty days before the
stands dissolved, or where the date on which the House
election is to fill a vacancy stands dissolved, or where the
occurring more than three election is to fill a vacancy
months before such date, not occurring more than ninety
later than one month after the days before such date, not
vacancy occurred. later than thirty days after
the vacancy occurred.
Authorization of expenditure Authorization of
from the Consolidated expenditure from the
Revenue Fund Consolidated Revenue
Cund
(3) The amount standing to the Same
credit of the- As passed by both Houses
(a) Independent National
Electoral Commission,
(b) National Assembly,
(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.
Remuneration, etc of the Remuneration, etc of the
President and certain other President and certain other
officers, officers,
(8) The recurrent expenditure (8) The recurrent expenditure House
of the Independent National of the Independent National
Electoral Commission in Electoral Commission in
addition to salaries and
6
 addition to election expenses addition to Salaries and allowances of the Chairman
shall be a charge upon the allowances of the Chairman and members shall be a
Consolidated Revenue Fund and Members of the charge upon the Consolidated
Revenue Fund of the
of the Federation. Commission shall be a charge
Federation.
upon the Consolidated
Revenue Fund of the
Federation.

Section Qualifications for elections. Qualifications for elections. Qualifications for elections. Qualifications for elections.
106

Subject to the provisions of

section 107 of this Constitution, a (1) (d) he is a member of a (1) (d) he is a member of a (1) (d) he is a member of a Same
person shall be qualified for political party and is sponsored by political party and is sponsored political party and is sponsored
election as a member of a House that party or he is an by that party or he is an by that party or he is an
of Assembly if – independent candidate. independent candidate. independent candidate.
(d) he is a member of a political
party and is sponsored by that
party.

(2) A person standing for an Nil Nil House

election to a House of Assembly
as an independent candidate shall
be qualified for an election if he is
nominated by not less than fifty
twenty registered voters in each
of at least two-thirds of the
wards in the constituency
each of whose signatures on the
nomination form shall be verified
and authenticated as provided by
the Independent National
Electoral Commission. from at
least two-thirds of the electoral
wards in the relevant electoral
constituency”.

Section Disqualifications Disqualifications Disqualifications Disqualifications

107

7
 (1) No person shall be qualified
for election to a House of
Assembly if –
(h) he has been indicted for
embezzlement or fraud by a
Judicial Commission of inquiry or
an Administrative Panel of Inquiry
or a Tribunal set up under the
Tribunals 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, respectively;
Section Tenure of seat of members
109
(1) A member of a House of
Assembly shall vacate his seat in
the House of which he is a
member if –
(g) “being a person whose
election to the House of Assembly
was sponsored by a political
party, he becomes a member of
another political party before the
expiration of the period for which
that House was elected;
Provided that his membership
of the latter political party is not
as a result of a division in the
political party of which he was
previously a member or a merger
of two or more political parties or
factions by one of which he was
previously sponsored”
(h) he has been indicted for
embezzlement or fraud by a
Judicial Commission of inquiry or
an Administrative Panel of Inquiry
or a Tribunal set up under the
Tribunals 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, respectively;
Tenure of seat of members
(1) A member of a House of
Assembly shall vacate his seat in
the House of which he is a
member if –
(g) “being a person whose
election to the House of Assembly
was sponsored by a political
party, he becomes a member of
another political party before the
expiration of the period for which
that House was elected;
Provided that his membership
of the latter political party is not
as a result of a division in the
political party of which he was
previously a member or a merger
of two or more political parties or
factions by one of which he was
previously sponsored”
Retained as in Principal Act Deleted Senate
Tenure of seat of members Tenure of seat of members
Senate
(g) 1. (g) Deleted
(i) “being a person whose
election to the House was
sponsored by a political party, he
becomes a member of another
political party before the
expiration of the period for which
that House was elected;
Provided that his membership of
the latter political party is not as
a result of a division in the
political party of which he was
previously a member or a merger
of two or more political parties
or factions by one of which he
was previously sponsored”;
(ii) being a person who was
elected as an independent
8

Section Recall
110
110. A member of the House of
Assembly may be recalled as such
a member if -
(a) there is presented to the
Chairman of the Independent
National electoral Commission a
petition in that behalf signed by
more than one-half of the
persons registered to vote in that
member’s constituency alleging
their loss of confidence in that
member; and
Recall
A member of the House of
Assembly may be recalled as
such a member if -
(a) there is presented to the
Chairman of the Independent
National electoral Commission a
petition in that behalf signed by
more than one-half of the
persons registered to vote in that
member’s constituency alleging
their loss of confidence in that
member and which signatures
are duly verified by the
Independent National
Electoral Commission; and
candidate, he becomes a
member of any political party
before the expiration of the
period for which that House was
elected;
(iii) he resigns as a member of
the political party on whose
platform he was elected before
the expiration of the period for
which that House was elected,
provided that where a person is
expelled from the political party
on whose platform he was
elected, before the expiration of
the period for which that House
was elected, he shall retain his
seat if he does not join another
political party.
Recall Recall
Retained as in Principal Act A member of the House of Senate
Assembly may be recalled
as such a member if -
(a) there is presented to the
Chairman of the Independent
National electoral Commission
a petition in that behalf signed
by more than one-half of the
persons registered to vote in
that member’s constituency
alleging their loss of
confidence in that member
and which signatures are
duly verified by the
Independent National
Electoral Commission; and
9
Section Time of elections to House of
116
Assembly
(1) Elections to a House of
Assembly shall be held on a date
to be appointed by the
Independent National Electoral
Commission.
(2) The date mentioned in
subsection (I) of this section
shall not be earlier than sixty
days before and not later than
the date on which the House
stands dissolved, or where the
election is to fill a vacancy
occurring more than three month
before such date, not later than
one month after the vacancy
occurred.
Section Power of National Assembly
119
as to determination of certain
questions
119. The National Assembly shall
make provisions as respects –
(a) persons who may apply to an
election tribunal for the
determination of any question as
to whether -
(i) any person has been validly
Time of elections to House of
Assembly
(1) Elections to a House of
Assembly shall be held on a date
to be appointed by the
Independent National Electoral
Commission.
(2) The date mentioned in
subsection (I) of this section shall
not be earlier than sixty days
before and One hundred and
fifty days not later than ninety
days before the date on which
the date on which the House
stands dissolved, or where the
election is to fill a vacancy
occurring more than ninety days
before such date, not later than
thirty days after the vacancy
occurred.
Power of National Assembly
as to determination of certain
questions
Retained as in Principal Act
Time of elections to House of
Assembly
(1) Elections to a House of
Assembly shall be held on a date
to be appointed by the
Independent National Electoral
Commission in accordance
with the Electoral Act.
(2) The date mentioned in
subsection (I) of this section shall
not be earlier than sixty days
before and One hundred and
fifty days not later than one
hundred and twenty days
before the date on which the
date on which the House stands
dissolved, or where the election
is to fill a vacancy occurring more
than ninety days before such
date, not later than thirty days
after the vacancy occurred.
Power of National Assembly
as to determination of
certain questions
119. The National Assembly shall
make provisions as respects –
(a) persons who may apply to an
election tribunal for the
determination of any question as
to whether -
(i) any person has been validly
10
Time of elections to House
of Assembly
(1) Elections to a House of House
Assembly shall be held on a
date to be appointed by the
Independent National Electoral
Commission in accordance
with the Electoral Act.
(2) The date mentioned in
subsection (I) of this section
shall not be earlier than sixty
days before and One
hundred and fifty days not
later than one hundred and
twenty days before the date
on which the date on which
the House stands dissolved, or
where the election is to fill a
vacancy occurring more than
ninety days before such
date, not later than thirty
days after the vacancy
occurred.
Power of National
Assembly as to
determination of certain
questions
Retained as in Principal Act Senate
 elected as a member of a House elected as a member of a House
of Assembly, of Assembly,

(ii) the term of office of any (ii) the term of office of any
person has ceased, or person has ceased, or

(iii) the seat in a House of (iii) the seat in a House of

Assembly of a member of that Assembly of a member of that
House has become vacant; House has become vacant;

(b) circumstances and manner in (b) circumstances and manner in

which, and the conditions upon which, and the conditions upon
which, such application may be which, such application may be
made; and made; and

(c) powers, practice and (c) powers, practice and

procedure of the election tribunal procedure of the election tribunal
in relation to any such in relation to any such
application. application.
Section Authorization of Expenditure Authorization of Expenditure Authorization of Expenditure Authorization of
121
from Consolidated Revenue from Consolidated Revenue from Consolidated Revenue Expenditure from
Fund Fund Fund Consolidated Revenue
Fund
(3) Any amount standing to the (3) Any amount standing to the (3) Any amount standing to the
As Passed by Both Houses Same
credit of the judiciary in the credit of the House of Assembly credit of the House of Assembly
Consolidated Revenue Fund of or the judiciary in the or the judiciary in the
the State shall be paid directly to Consolidated Revenue Fund of Consolidated Revenue Fund of
the heads of the courts the State shall be paid directly to; the State shall be paid directly to;
concerned. (a) the House of Assembly (a) the House of Assembly
of the State; and of the State; and
(b) the heads of the courts (b) the heads of the courts
concerned; respectively.” concerned; respectively.”
Section Qualification for Election as Qualification for Election as Qualification for Election as Qualification for Election
131
President President President as President

A Person shall be qualified for (1) A Person shall be qualified for (1) A Person shall be qualified for (1) As Passed by both Houses Same
election to the office of President election to the office of President election to the office of President
if- if- if-

11
 (a) he is a citizen of Nigeria by (a) he is a citizen of Nigeria by (a) he is a citizen of Nigeria by
birth; birth; birth;

(b) he has attained the age of (b) he has attained the age of (b) he has attained the age of
forty years; forty years; forty years;

(c) he is a member of a political (c) he is a member of a political (c) he is a member of a political

party and is sponsored by that
political party; and
(d) he has been educated up to
at least school Certificate level or
its equivalent.
party and is sponsored by that
political party or he is an
independent candidate; and
(d) he has been educated up to
at least school Certificate
tertiary level or its equivalent
and obtained the relevant
certificates.
party and is sponsored by that
political party or he is an
independent candidate; and
(d) he has been educated up to
at least school Certificate
tertiary level or its equivalent
and obtained the relevant
certificates.

“(2) A person standing for an Nil Nil House

candidate who intends to
contest election to the office of
President as an independent
candidate shall be qualified for
election if he is nominated by not
less than ten one registered
voters, in each of at least two
thirds of the wards in the
Federation, whose signatures on
the nomination form shall be
verified certified as provided by
law, from at least two-thirds of
the electoral wards of the
electoral constituency by the
Independent National
Electoral Commission.”.
Section Election of the President: Election of the President: Election of the President: Election of the President:
132
general general general general

12
 (1) An election to the office of
President shall be held on a date
to be appointed by the
Independent National Electoral
Commission.
(2) An election to the said office
shall be held on a date not earlier
than sixty days and not later than
thirty days before the expiration
of the term of office of the last
holder of that office.
Section Tenure of Office of President
135
(1) Subject to the provisions of
this Constitution, a person shall
hold the office of President until -
(a) when his successor in office
takes the oath of that office;
(b) he dies whilst holding such
office; or
(c) the date when his resignation
from office takes effect;
Nil
(2) An election to the said office
shall be held on a date not earlier
than sixty one hundred and
fifty days and not later than
thirty ninety days before the
expiration of the term of office of
the last holder of that office.
Tenure of Office of President
Nil
(1) An election to the office of (1) An election to the office of House
President shall be held on a date President shall be held on a
to be appointed by the date to be appointed by the
Independent National Electoral Independent National Electoral
Commission in accordance Commission in accordance
with the Electoral Act. with the Electoral Act.
(2) An election to the said office (2) An election to the said
shall be held on a date not earlier office shall be held on a date
than sixty one hundred and not earlier than sixty one
fifty days and not later than hundred and fifty days and
thirty one hundred and not later than thirty one
twenty days before the hundred and twenty days
expiration of the term of office of before the expiration of the
the last holder of that office term of office of the last
holder of that office
Tenure of Office of President Tenure of Office of
President
(dd) “being a person whose
election to the office of President (1) Retained as in Principal Act Senate
was sponsored by a political
party, he becomes a member of
another political party before the
expiration of the period for which
that House was elected;
Provided that his membership of
the latter political party is not as
a result of a merger of two or
more political parties or factions
by one of which he was
previously sponsored”;
(ee) being a person who was
elected as an independent
candidate, he becomes a
member of any political party
before the expiration of the
period for which he was elected;
13

(2)Subject to the provisions of
subsection (1) of this section the
President shall vacate his office at
the expiration of a period of four
years commencing from the date,
when:
Disqualifications
Section
137
(1) A Person shall not be qualified
for election to the office of
President if-
(e) within a period of less than
ten years before the date of the
election to the office of President
he has been convicted and
sentenced for an offence
involving dishonesty or he has
been found guilty to the
contravention of the code of
conduct.
(i) he has been indicted for
(c) 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.
Disqualifications
Retained as in the Principal Act
(i) he has been indicted for
embezzlement or fraud by a
(iii) he resigns as a member of
the political party on whose
platform he was elected before
the expiration of the period for
which he was elected, provided
that where a person is expelled
from the political party on whose
platform he was elected, before
the expiration of the period for
which he was elected, he shall
retain his seat if he does not join
another political party. (c) in the determination of
Senate
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.
Disqualifications Disqualifications
Retained as in Principal Act Retained as in Principal Act Same
Retained as in Principal Act Deleted
Senate
14
 embezzlement or fraud by a
Judicial Commission of Inquiry or
an Administrative Panel of Inquiry
or a Tribunal set up under the
Tribunal of Inquiry Act, a
Tribunals of Inquiry Law or any
other law by the Federal or State
Government which indictment has
been accepted by the Federal or
State Government respectively.
Section Determination of certain
139
questions relating to
elections
139. The National Assembly shall
by an Act make provisions as
respects -
(a) persons who may apply to the
Court of Appeal for the
determination of any question as
to whether;
(i) any person has been validly
elected to the office of President
or Vice-President
(ii) the term of office of the
President or Vice President has
cease, or
(iii) the office of the President or
Vice-President has become vacant
(b) circumstances and manner in
which, and the conditions upon
Judicial Commission of Inquiry or
an Administrative Panel of Inquiry
or a Tribunal set up under the
Tribunal of Inquiry Act, a
Tribunals of Inquiry Law or any
other law by the Federal or State
Government which indictment has
been accepted by the Federal or
State Government respectively.
Determination of certain
questions relating to
elections
Retained as in the Principal Act
Determination of certain Determination of certain
questions relating to questions relating to
elections elections
Senate
139. The National Assembly shall Retained as in Principal Act
by an Act make provisions as
respects -
(a) persons who may apply to
the Court of Appeal for the
determination of any question as
to whether;
(i) any person has been validly
elected to the office of President
or Vice-President
(ii) the term of office of the
President or Vice President has
cease, or
(iii) the office of the President or
Vice-President has become
vacant
(b) circumstances and manner in
15
 which such application may be
made; and
(c) powers, practice and
procedure of the Court of Appeal
in relation to any such
application.
Section Acting President during
145
temporary absence of
President
145. Whenever the President
transmits to the President of the
Senate and the Speaker of the
House of Representatives a
written declaration that he is
proceeding on vacation or that he
is otherwise unable to discharge
the functions of his office, until he
transmits to them a written
declaration to the contrary such
functions shall be discharged by
the Vice-President as Acting
President.
Acting President during
temporary absence of
President
“(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 14 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
which, and the conditions upon
which such application may be
made; and
(c) powers, practice and
procedure of the Court of Appeal
in relation to any such
application.
Acting President during
temporary absence of
President
“(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
16
Acting President during
temporary absence of
President
House
“(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

Section B - Establishment of certain
153
Federal Executive Bodies
153. (1) There shall be
established for the Federation the
following bodies, namely:
(f) Independent National Electoral
Commission;
Section Appointment of Chairman
154
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.”
B - Establishment of certain
Federal Executive Bodies
Retained as in Principal Act
Appointment of Chairman
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.”
B - Establishment of certain
Federal Executive Bodies
153. (1) There shall be
established for the Federation the
following bodies, namely:
(f) Independent National
Electoral Commission;
Appointment of Chairman
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.”
B - Establishment of
certain Federal Executive
Bodies
Retained as in Principal Senate
Appointment of Chairman

(3) In exercising his powers to
appoint a person as Chairman or
member of the Independent
National Electoral Commission,
National Judicial Council, the
Federal Judicial Service
Commission or the National
Population Commission, the
President shall consult the Council
of State.
Section
Qualification for Membership
156
156. (1) No person shall be
qualified for appointment as a
member of any of the bodies
Retained as in Principal Act
Qualification for Membership
156. (1) No person shall be
qualified for appointment as a
member of any of the bodies
(3) In exercising his powers to Retained as in Principal Act Senate
appoint a person as Chairman or
member of the Independent
National Electoral Commission,
National Judicial Council, the
Federal Judicial Service
Commission or the National
Population Commission, the
President shall consult the
Council of State.
Qualification for Membership Qualification for Membership
156. (1) No person shall be 156. (1) No person shall be
qualified for appointment as a qualified for appointment as a
member of any of the bodies Senate
member of any of the bodies
aforesaid if -

17
 aforesaid if - aforesaid if - aforesaid if - (a) he is not qualified or if he
is disqualified for election as a
(a) he is not qualified or if he is (a) he is not qualified or if he is (a) he is not qualified or if he is member of the House of
disqualified for election as a disqualified for election as a disqualified for election as a Representatives, provided
member of the House of member of the House of member of the House of that a member of any of
Representatives; Representatives, provided that Representatives, provided that these bodies shall not be
a member of any of these in the case of the required to belong to a
bodies shall not be required Independent National political party. And in the
to belong to a political party, Electoral Commission, the case of the Independent
and in the case of the Chairman or members shall National Electoral
Independent National not be members of a political Commission, he shall not
Electoral Commission, he party. be a member of a political
shall not be a member of a party.
political party.
Section Removal of Members Removal of Members Removal of Members Removal of Members
157

(2) This section applies to the Retained as in Principal Act (2) This section applies to the Senate
Retained as in Principal Act
offices of the Chairman and offices of the Chairman and
members of the Code of Conduct members of the Code of Conduct
Bureau, the Federal Civil Service Bureau, the Federal Civil Service
Commission, the Independent Commission, the Independent
National Electoral Commission, National Electoral Commission,
the National Judicial Council, the the National Judicial Council, the
Federal Judicial Service Federal Judicial Service
Commission, the Federal Commission, the Federal
Character Commission, the Character Commission, the
Nigeria Police Council, the Nigeria Police Council, the
National Population Commission, National Population Commission,
the Revenue Mobilisation the Revenue Mobilisation
Allocation and Fiscal Commission Allocation and Fiscal Commission
and the Police Service and the Police Service
Commission. Commission.
Section Independence of certain Independence of certain Independence of certain Independence of certain
158
bodies bodies bodies bodies

(1) In exercising its power to Retained as in Principal Act (1) In exercising its power to Retained as in Principal Act
make appointments or to exercise make appointments or to Senate
disciplinary control over persons, exercise disciplinary control over

18
 the Code of Conduct Bureau, the
National Judicial Council, the
Federal Civil Service Commission,
the Federal Judicial Service
Commission, the Revenue
Mobilisation and Fiscal
Commission, the Federal
Character Commission, and the
Independent National Electoral
Commission shall not be subject
to the direction or control of any
other authority or person.
Powers and Procedure
Section
160
(1) Subject to subsection (2) of
this section, any of the bodies
may, with the approval of the
President, by rules or otherwise
regulate its own procedure or
confer powers and impose duties
on any officer or authority for the
purpose of discharging its
functions
Powers and Procedure
(1) Subject to subsection (2)
of this
(2) section, any of the bodies
may, with the approval of
the President, by rules or
otherwise regulate its
own procedure or confer
powers and impose
duties on any officer or
authority for the purpose
of discharging its
functions, 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.
persons, the Code of Conduct
Bureau, the National Judicial
Council, the Federal Civil Service
Commission, the Federal Judicial
Service Commission, the Revenue
Mobilisation and Fiscal
Commission, the Federal
Character Commission, and the
Independent National Electoral
Commission shall not be subject
to the direction or control of any
other authority or person.
Powers and Procedure
19
Powers and Procedure
Senate
(1) Subject to subsection (2)
of this section, any of the
bodies may, with the approval
of the President, by rules or
otherwise regulate its own
procedure or confer powers
and impose duties on any
officer or authority for the
purpose of discharging its
functions, 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.
Insert immediately after the
existing section 160 a new
section “160A” –

Establishment of
Independent National
Electoral Commission,
qualification, removal, etc of
members.
160 A (1) There is established
the Independent National
Electoral Commission.

(2) The composition and powers

of the members of the
Independent National Electoral
Commission as established under
this section are as contained in
Part 1 of the Third Schedule to
this Constitution.

Qualification for membership.

160 B (1) No person shall be
qualified for appointment as a
member of the Independent
National Electoral Commission if
within the preceding ten years,
he has been removed as a
member of any of the bodies
established under section 153(1)
of this Constitution or as the
holder of any other office on the
ground of misconduct.

(2) Any person employed in the

public service of the Federation
shall not be disqualified for
appointment as Chairman or

20
member of the Independent
National Electoral Commission,

provided that where such person

has been duly appointed he shall,
on his appointment, be deemed
to have resigned his former office
as from the date of the
appointment.

(3) No person shall be qualified

for appointment as a member of
the Independent National
Electoral Commission if, having
previously been appointed as a
member otherwise than ex-officio
member of that body, he has
been re-appointed for a further
term as a member of the same
body”.

Removal of members.
160 C. A member of the
Independent National Electoral
Commission may only be
removed from that office by the
President acting on an address
supported by two-thirds majority
of the Senate praying that he be
so removed for inability to
discharge the functions of the
office (whether arising from
infirmity of mind or body or any
other cause) or for misconduct”.

Quorum and decisions.

160 D (1) The quorum for a
meeting of the Independent

21
National Electoral Commission
established by section 160A of
this Constitution shall be not less
than one-third of the total
number of members of that body
at the date of the meeting.

(2) A member of such a body

shall be entitled to one vote, and
a decision of the meeting may be
taken and any act or thing may
be done in the name of that body
by a majority of the members
present at the meeting.

(3)Whenever such body is

assembled for a meeting, the
Chairman or other person
presiding shall, in all matters in
which a decision is taken by vote
(by whatever name such vote
may be called) have a casting as
well as a deliberative vote.

(4)The Independent National

Electoral Commission may act or
take part in any decision
notwithstanding any vacancy in
its membership or the absence of
any member.

Independence of the
Independent National Electoral
Commission.
160 E. In exercising its power
under this Constitution or any Act
of the National Assembly, the
Independent National Electoral

22

Section Qualification for Election as
177
Governor
A Person shall be qualified for
election to the office of Governor
of a State if-
(c) he is a member of Political
Party and is sponsored by that
Political Party, and
(d) he has been educated up to
at least School Certificate level or
its equivalent.
Qualification for Election as
Governor
A Person shall be qualified for
election to the office of Governor
of a State if-
(c) he is a member of Political
Party and is sponsored by that
Political Party or he is an
independent candidate, and
(d) he has been educated up to
at least School Certificate
tertiary level or its equivalent
and obtained the relevant
certificates.
(2) “A person standing for an
election to the office of Governor
of a State as an independent
candidate shall be qualified for
election if he is nominated by not
less than five registered voters
from each electoral in each of at
least two-thirds of the wards in
the State each of whose
signatures on the nomination
form shall be verified and certified
as provided by law, from a least
two-thirds of the electoral wards
Commission shall not be subject
to the direction or control of any
other authority or person”.
Qualification for Election as
Governor
A Person shall be qualified for
election to the office of Governor
of a State if-
(c) he is a member of Political
Party and is sponsored by that
Political Party or he is an
independent candidate, and
(d) he has been educated up to
at least School Certificate
tertiary level or its equivalent
and obtained the relevant
certificates.
Nil
23
Qualification for Election
as Governor
A Person shall be qualified for House
election to the office of
Governor of a State if-
(c) he is a member of Political
Party and is sponsored by that
Political Party or he is an
independent candidate,
and
(d) he has been educated up
to at least School Certificate
tertiary level or its equivalent
and obtained the relevant
certificates.
Nil House

Section Election of Governor
178
(1) An Election to the office of
Governor of a State shall be held
on a date to be appointed by the
Independent National Electoral
Commission.
(2) An election to the office of
Governor of a State shall be held
on a date not earlier than sixty
days and not later than thirty
days before the expiration of the
term of office of the last holder of
that office.
Tenure of office of Governor
Section
(1) subject to the provisions of
180
this Constitution, a person shall
hold the office of Governor of a
State until -
(a)…
(b) …
(c) …
of the electoral constituency” by
the Independent National
Electoral Commission.
Election of Governor
Nil
(2) An election to the office of
Governor of a State shall be held
on a date not earlier than sixty
one hundred and fifty days
and not later than thirty ninety
days before the expiration of the
term of office of the last holder of
that office.
Tenure of office of Governor
(1) Retained as in Principal Act
Election of Governor
(1) An Election to the office of
Governor of a State shall be held
on a date to be appointed by the
Independent National Electoral
Commission in accordance
with the Electoral Act.
(2) An election to the office of
Governor of a State shall be held
on a date not earlier than sixty
one hundred and fifty days
and not later than thirty one
hundred and twenty days
before the expiration of the term
of office of the last holder of that
office.
Tenure of office of Governor
“(dd) being a person whose
election to the office of Governor
was sponsored by a political
party, he becomes a member of
another political party before the
expiration of the period for which
he was elected provided that his
membership of the latter political
party is not as a result of a
24
Election of Governor
(1) An Election to the office of House
Governor of a State shall be
held on a date to be appointed
by the Independent National
Electoral Commission in
accordance with the
Electoral Act.
(2) An election to the office of
Governor of a State shall be
held on a date not earlier than
sixty one hundred and fifty
days and not later than thirty
one hundred and twenty
days before the expiration of
the term of office of the last
holder of that office.
Tenure of office of
Governor
(1) Retained as in Principal Act Senate
 merger of two or more political
parties or factions by one of
which he was previously
sponsored;

(ee) being a person who was

elected as an independent
candidate he becomes a member
of any political party before the
expiration of the period for which
he was elected;

(ff) he resigns as a member of

the political party on whose
platform he was elected before
the expiration of the period for
which he was elected, provided
that where a person is expelled
from the political party on whose
platform he was elected before
the expiration of the period for
which he was elected, he shall
retain his office if he does not
join another political party”.

(2)Subject to the provisions of
subsection (1) of this section the
Governor shall vacate his office at
the expiration of a period of four
years commencing from the date
when…
(a) …
(b) …
(2)Subject to the provisions of
subsection (1) of this section the
Governor shall vacate his office at
the expiration of a period of four
years commencing from the date
when
(c) 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
“(2A) Notwithstanding the
provisions of this
Constitution, whenever an
election is annulled by a
court or tribunal and another
election is conducted by the
Independent National
Electoral Commission and
such an election is won by
the person who was in office
prior to the election, his term
of office shall be deemed to
have commenced from the
(2)Subject to the provisions of
Senate
subsection (1) of this section
the Governor shall vacate his
office at the expiration of a
period of four years
commencing from the date
when
(c) in the determination of
the four year term, where
a re-run election has taken
place and the person
earlier sworn in wins the

25

Section Disqualifications
182
(1) No Person shall be qualified
for election to the office of
Governor of a State if –
(i) he has been indicted for
embezzlement or fraud by a
Judicial Commission of Inquiry or
an administrative Panel of Inquiry
or a Tribunal set up under the
Tribunals of Inquiry Act, a
Tribunals of Inquiry Law or any
other law by the Federal or State
Government which indictment has
been accepted to the Federal or
State Government; or
(j) he has presented a forged
certificate to the Independent
National Electoral Commission.
Section Determination of certain
184
questions relating to
elections
The National Assembly shall make
provisions in respect of -
office before the date the
election was annulled, shall
be taken into account.
Disqualifications
(i) he has been indicted for
embezzlement or fraud by a
Judicial Commission of Inquiry or
an administrative Panel of Inquiry
or a Tribunal set up under the
Tribunals of Inquiry Act, a
Tribunals of Inquiry Law or any
other law by the Federal or State
Government which indictment has
been accepted to the Federal or
State Government; or
(i) he has presented a forged
certificate to the Independent
National Electoral Commission.
Determination of certain
questions relating to
elections
Retained as in Principal Act
date he first took the oath of
office before the annulment
provided that the period
between the annulment and
the date of the election and
his being sworn-in shall be
included in calculating his
tenure”.
Disqualifications
Retained as in Principal Act
Determination of certain
questions relating to
elections
The National Assembly shall
make provisions in respect of -
26
re-run election, the time
spent in office before the
date the election was
annulled, shall be taken
into account.
Disqualifications
Senate
(i) he has been indicted for
embezzlement or fraud by a
Judicial Commission of Inquiry
or an administrative Panel of
Inquiry or a Tribunal set up
under the Tribunals of Inquiry
Act, a Tribunals of Inquiry Law
or any other law by the
Federal or State Government
which indictment has been
accepted to the Federal or
State Government; or
(i) he has presented a forged
certificate to the Independent
National Electoral Commission.
Determination of certain
questions relating to
elections
Retained as in Principal Act Senate
 (a) persons who may apply to an
election tribunal for the
determination of any question as
to whether-
(i) any person has been validly
elected to the office of Governor
or Deputy Governor,
(ii) the term of office of a
Governor or Deputy Governor has
ceased, or
(iii) the office of Deputy Governor
has become vacant;
(b) circumstances and manner in
which, and the conditions upon
which such application may be
made; and
(c) powers, practice and
procedure of the election tribunal
in relation to any such
application.
Section Acting Governor during
190
temporary absence of
Governor
190. Whenever the Governor
transmits to the Speaker of the
House of Assembly a written
declaration that he is proceeding
on vacation or that he is
otherwise unable to discharge the
functions of his office, until he
transmits to the Speaker of the
House of Assembly a written
declaration to the contrary such
functions shall be discharged by
the Deputy Governor as Acting
Acting Governor during
temporary absence of
Governor
“(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
(a) persons who may apply to an
election tribunal for the
determination of any question as
to whether-
(i) any person has been validly
elected to the office of Governor
or Deputy Governor,
(ii) the term of office of a
Governor or Deputy Governor
has ceased, or
(iii) the office of Deputy Governor
has become vacant;
(b) circumstances and manner in
which, and the conditions upon
which such application may be
made; and
(c) powers, practice and
procedure of the election tribunal
in relation to any such
application.
Acting Governor during Acting Governor during
temporary absence of temporary absence of
Governor Governor
“(1) Whenever the Governor is “(1) Whenever the Governor is House
proceeding on vacation or is proceeding on vacation or is
otherwise unable to discharge otherwise unable to discharge
the functions of his office, he the functions of his office, he
shall transmit a written shall transmit a written
declaration to the Speaker of the declaration to the Speaker of
House of Assembly to that effect, the House of Assembly to that
and until he transmits to the effect, and until he transmits
Speaker of the House of to the Speaker of the House of
Assembly a written declaration to Assembly a written declaration
the contrary, the Deputy to the contrary, the Deputy
Governor shall perform the Governor shall perform the
27
 Governor.
Section Qualification for Membership
200
(1) No person shall be qualified
for appointment as a member of
any of the bodies aforesaid if -
(a) he is not qualified or if he is
disqualified for election as a
member of a House of Assembly;
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 14 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.”
Qualification for Membership
(1) No person shall be qualified
for appointment as a member of
any of the bodies aforesaid if -
(a) he is not qualified or if he is
disqualified for election as a
member of a House of Assembly,
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 State Independent
Electoral Commission he shall
not be a member of a political
party
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.”
Qualification for Membership
Retained as in Principal Act
28
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.”
Qualification for Membership
(1) No person shall be Senate
qualified for appointment as a
member of any of the bodies
aforesaid if -
(a) he is not qualified or if he
is disqualified for election as a
member of a House of
Assembly, 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 State Independent
Electoral Commission he
 shall not be a member of a
political party
Section Prohibition of Political Prohibition of Political Prohibition of Political activities Prohibition of Political
221 by certain associations activities by certain
activities by certain activities by certain
associations associations associations

(1) No association, other than a (1) No association, other than a Deleted and transferred to Deleted and transferred to House
political party, shall canvass for political party, shall canvass for Electoral Act Electoral Act
votes for any candidate at any votes for any candidate at any
election or contribute to the funds election or contribute to the funds
of any political party or to the of any political party or to the
election expenses of any election expenses of any
candidate at an election. candidate at an election, except
in the case of an independent
candidate.

Section Restriction on formation of Restriction on formation of Restriction on formation of Restriction on formation of

222
political parties political parties political parties political parties

(1) No association by whatever

name called shall function as a Deleted Deleted Deleted Same
political party, unless-
(a) the names and address of its
national offices are registered
with the Independent National
Electoral Commission
(b) the membership of the
association is open to every
citizen of Nigeria irrespective of
his place of origin, circumstance
of birth, sex, religion or ethnic
grouping;
(c)a copy of its constitution is
registered in the principal office
of the Independent National
Electoral Commission in such
form as may be prescribed by the
Independent National electoral

29
 Commission;
(d) any alteration in its registered
constitution is also registered in
the principal office of the
Independent National Electoral
Commission within thirty days of
the making of such alteration;
(e) the name of the association,
its symbol or logo does not
contain any ethnic or religious
connotation or give the
appearance that the activities of
the association are confined to a
part only of the geographical area
of Nigeria; and
(f) the headquarters of the
association is situated in the
Federal Capital Territory, Abuja.

Section Constitution and Rules of Constitution and Rules of Constitution and Rules of Constitution and Rules of
223
Political Parties Political Parties Political Parties Political Parties

(1) The constitution and Same

rules of a political party Deleted Deleted Deleted
shall-
(a) Provide for the
periodical election on
a democratic basis of
the principal officer
and members of the
executive committee
or other governing
body of the political
party; and
(b) Ensure that t he
members of the
executive committee

30
 or other governing
body of the political
party reflect the
federal character of
Nigeria.

(2) For the purposes of this

section-
(a) The election of the
officer or members of
the executive
committee of a
political party shall be
deemed to be
periodical only if it is
made at regular
intervals not
exceeding four years;
and
(b) The members of the
executive committee
or other governing
body of the political
party shall be
deemed to reflect the
federal character of
Nigeria only if the
members thereof
belong to different
States not being less
in number than two-
thirds of all the
States of the
Federation and the
Federal Capital
Territory, Abuja.
Section Aims and objects Aims and objects Aims and objects Aims and objects
224

31
 The programme as well as the Deleted Deleted Deleted Same
aims and object of a political
party shall conform with the
provisions of Chapter II of this
constitution.

Section Finances of Political Parties Finances of Political Parties Finances of Political Parties Finances of Political
225
Parties
(1) Every political party Deleted Deleted
shall, at such times and Deleted Same
in such manner as the
Independent National
Electoral Commission
may require, submit to
the Independent National
Electoral Commission and
publish a statement of its
assets and liabilities.
(2) Every political party shall
submit to the
Independent National
Electoral Commission a
detailed annual statement
and analysis of its
sources of funds and
other assets together
with a similar statement
of its expenditure in such
form as the Commission
may require.
(3) No political party shall-
(a) Hold or possess any
funds or other assets
outside Nigeria, or
(b) Be entitled to retain
any funds or assets
remitted or sent to it
from outside Nigeria.

32
 (4) Any funds or other assets
remitted or sent to a
political party from
outside Nigeria shall be
paid over or transferred
to the Commission within
twenty-one days of its
receipt with such
information as the
Commission may require.
(5) The Commission shall
have power to give
directions to political
parties regarding the
books or records of
financial transactions
which they shall keep
and, to examine all such
books and records.
(6) The powers conferred on
the Commission under
subsection (4) of this
section may be exercised
by it through any
members of its staff or
any person who is an
auditor by profession,
and who is not a member
of a political party.
Section Annual report on finances Annual report on finances Annual report on finances Annual report on finances
226

(1) The Independent Deleted Deleted Deleted Same

National Electoral
Commission, shall in
every year prepare and
submit to the National
Assembly a report on the
accounts and balance

33
 sheet of every political
party.
(2) It shall be the duty of the
Commission, in preparing
its report under this
section, to carry out such
investigation as will
enable it to form an
opinion as to whether
proper books of accounts
and proper records have
been kept by any political
party, and if the
Commission is of the
opinion that proper books
of accounts have been
kept by a political party,
the Commission shall so
report.
(3) Every member of the
Commission or its duly
authorized agent shall-
(a) Have a right of
access at all times to
the books and
accounts and
vouchers of all
political parties; and
(b) Be entitled to require
from the officers of
the political party
such information and
explanation as he
thinks necessary for
the performance of
his duties under this
Constitution,
and if the member of the

34
 Commission or such agent fails or
is unable to obtain all the
information and explanation
which to the best of his
knowledge and belief are
necessary for the purposes of the
investigation, the Commission
shall State that fact in its report.

Prohibition of quasi-military Prohibition of quasi-military Prohibition of quasi-military Prohibition of quasi-

Section
organization organization organization military organization
227

No association shall retain,

organize, train or equip any Deleted Deleted Deleted Same
person or group of persons for
the purpose of enabling them to
be employed for the use or
display of physical force or
coercion in promoting any
political objective or interest or in
such manner as to arouse
reasonable apprehension that
they are organized and trained or
equipped for that purpose.
Section Powers of the National Powers of the National Powers of the National Powers of the National
228
Assembly with respect to Assembly with respect to Assembly with respect to Assembly with respect to
political parties political parties political parties political parties

The National Assembly may by
law provide-
(a) For the punishment of
any person involved in
the management or
control of any political
party found after due
inquiry to have
contravened any of the
provisions of sections
The National Assembly may by
law provide –
(a) For guidelines and rules
to ensure internal democracy
within political parties,
including making laws for the
conduct of party primaries,
party congresses and party
conventions.
The National Assembly may by Same
law provide – As passed by both Houses
Deleted and
replaced with
(a) For guidelines and rules new provision
to ensure internal democracy
within political parties,
including making laws for the
conduct of party primaries,
party congresses and party
conventions.

35
 221, 225(3) and 227 of
this Constitution; (b) For the conferment on the (b) For the conferment on
(b) For the disqualification of Independent National the Independent National
any persons from holding Electoral Commission of Electoral Commission of
public office on the powers as may appear to the powers as may appear to the
ground that he knowingly National Assembly to be National Assembly to be
aids or abets a political necessary or desirable for the necessary or desirable for the
party in contravening purpose of enabling the purpose of enabling the
section 225(3) of this Commission more effectively Commission more effectively
Constitution; to ensure that political to ensure that political
(c) For an annual grant to parties observe the practices parties observe the practices
the Independent National of internal democracy, of internal democracy,
Electoral Commission for including the fair and including the fair and
disbursement to political transparent conduct of party transparent conduct of party
parties on a fair and primaries, party congresses primaries, party congresses
equitable basis to assist and party conventions. and party conventions.
them in the discharge of
their functions, and
(d) For the conferment on
the Commission of other
powers as may appear to
the National Assembly to
be necessary or desirable
for the purpose of
enabling the Commission
more effectively to
ensure that political
parties observe the
provisions of this Part of
this Chapter.

Section Interpretation Interpretation Interpretation Interpretation

229

In this Part of this Chapter, unless In this Part of this Chapter,

the context otherwise require- Deleting the interpretation of the unless the context otherwise Deleting the interpretation of Senate
“association” means anybody of word: “association” and require- the word: “association” and
persons corporate or transferring same to the Electoral “association” means anybody of transferring same to the
unincorporate who agree to act Act persons corporate or Electoral Act

36
 together for any common
purpose, and included an
association formed for any ethnic,
social, cultural, occupational or
religious purpose,; and
“political party” includes any
association whose activities
include canvassing for votes in
support of a candidate for
election to the office of President,
Vice-President, Governor, Deputy
Governor or membership of a
legislative house or of a local
government council.
Section Appellate Jurisdiction
233
(2) An appeal shall lie form
decisions of the Court of Appeal
to the Supreme Court as of right
in the following cases –
(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
office of President or Vice-
President has ceased,
(iii) whether the office of
President or Vice-President has
“political party” includes any
association whose activities
include canvassing for votes in
support of a candidate for
election to the office of President,
Vice-President, Governor, Deputy
Governor or membership of a
legislative house or of a local
government council.
Appellate Jurisdiction
Retained as in Principal Act
unincorporate who agree to act
together for any common
purpose, and included an
association formed for any
ethnic, social, cultural,
occupational or religious
purpose,; and
“political party” includes any
association whose activities
include canvassing for votes in
support of a candidate for
election to the office of President,
Vice-President, Governor, Deputy
Governor or membership of a
legislative house or of a local
government council.
Appellate Jurisdiction
(2) An appeal shall lie from
decisions of the Court of Appeal
to the Supreme Court as of right
in the following cases –
(e) decisions on any question -
(i) whether any person has been
validly elected to the office of
President or , Vice-President,
Governor or Deputy Governor
under this Constitution,
(ii) whether the term of office of
President or , Vice-President,
Governor or Deputy Governor
has ceased,
37
“political party” includes any
association whose activities
include canvassing for votes in
support of a candidate for
election to the office of
President, Vice-President,
Governor, Deputy Governor or
membership of a legislative
house or of a local government
council.
Appellate Jurisdiction
House
(2) An appeal shall lie from
decisions of the Court of
Appeal to the Supreme Court
as of right in the following
cases –
(e) decisions on any question -
(i) whether any person has
been validly elected to the
office of President or , Vice-
President, Governor or
Deputy Governor under this
Constitution,
(ii) whether the term of office
of President or , Vice-
President, Governor or
Deputy Governor has
 become vacant; and
Section Original Jurisdiction
239
(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) any person has been validity
elected to the office of President
or Vice-President under this
Constitution; or
(b) the term of office of the
President or Vice-President has
ceased; or
(c) the office of President or Vice-
President has become vacant.
Section Appeal from Code of Conduct
246
Tribunal and other Courts and
Tribunals
Original Jurisdiction
Retained as in Principal Act
Appeal from Code of Conduct
Tribunal and other Courts and
Tribunals
(iii) whether the office of
President or , Vice-President,
Governor or Deputy Governor
has become vacant; and
Original Jurisdiction
(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) any person has been validity
elected to the office of President
or , Vice-President, Governor or
Deputy Governor under this
Constitution; or
(b) the term of office of the
President or , Vice-President,
Governor or Deputy Governor
has ceased; or
(c) the office of President or ,
Vice-President , Governor or
Deputy Governor has become
vacant.
Appeal from Code of Conduct
Tribunal and other Courts
and Tribunals
38
ceased,
(iii) whether the office of
President or , Vice-President,
Governor or Deputy
Governor has become
vacant; and
Original Jurisdiction
(1) Subject to the provisions of House
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) any person has been
validity elected to the office of
President or , Vice-President,
Governor or Deputy
Governor under this
Constitution; or
(b) the term of office of the
President or , Vice-President,
Governor or Deputy
Governor has ceased; or
(c) the office of President or ,
Vice-President , Governor or
Deputy Governor has
become vacant.
Appeal from Code of
Conduct Tribunal and other
Courts and Tribunals

(1) An appeal to the Court of
Appeal shall lie as of right from –
(b) decisions of the National
Assembly Election Tribunals and
Governorship and Legislative
House Election Tribunals on any
question as to whether -
(3) The decision of the Court of
Appeal in respect of appeals
arising from election petitions
shall be final.
Section Jurisdiction
251
(1) An appeal to the Court of
Appeal shall lie as of right from –
(b) decisions of the National
Assembly Election Tribunals and
Governorship and Legislative
House Election Tribunals on any
question as to whether –
(3) The decision of the Court of
Appeal in respect of appeals
arising from election petitions
shall be final, provided that an
interlocutory application may
be decided during the
delivery of judgement.
Jurisdiction
(1) An appeal to the Court of
Appeal shall lie as of right from –
(b) decisions of the National
Assembly Election Tribunals
National and State Houses of
Assembly Election Tribunals
Governorship and Legislative
House Election Tribunals on any
question as to whether -
(3) The decision of the Court of
Appeal in respect of appeals
arising from election petitions
shall be final, provided that no
interlocutory appeal shall be
entertained until after the final
determination of the petition”.
Jurisdiction
(1) An appeal to the Court of
House
Appeal shall lie as of right from
–
(b) decisions of the National
Assembly Election Tribunals
National and State Houses
of Assembly Election
Tribunals Governorship and
Legislative House Election
Tribunals on any question as
to whether -
(3) The decision of the Court
Senate
of Appeal in respect of appeals
arising from election petitions
shall be final, provided that
an interlocutory
application may be decided
during the delivery of
judgement.
Jurisdiction

(3) The Federal High Court shall
also have and exercise jurisdiction
and powers in respect of criminal
causes and matters in respect of
which jurisdiction is conferred by
subsection (1) of this section.
Retained as in Principal Act
(4) The Federal High Court (4) The Federal High Court House
shall have and exercise shall have and exercise
jurisdiction to determine any jurisdiction to determine
question as to whether the any question as to whether
term of office or a seat of a the term of office or a seat
member of the Senate or the of a member of the Senate
House of Representatives has or the House of
ceased or his seat has Representatives has
become vacant. ceased or his seat has
become vacant.

Section Jurisdiction: general Jurisdiction: general Jurisdiction: general Jurisdiction: general

272

(2) The reference to civil or Retained as in Principal Act (3) Subject to the provisions of (3) Subject to the House

39
 criminal proceedings in this section 251 and other provisions provisions of section 251
section includes a reference to of this Constitution, the Federal and other provisions of this
the proceedings which originate High Court shall have Constitution, the Federal
in the High Court of a State and jurisdiction to hear and High Court shall have
those which are brought before jurisdiction to hear and
determine the question as to
the High Court to be dealt with by determine the question as
the court in the exercise of its whether the term of office of a to whether the term of
appellate or supervisory member of a House of Assembly office of a member of a
jurisdiction. of a State, a Governor or Deputy House of Assembly of a
Governor has ceased or become State, a Governor or
vacant. Deputy Governor has
ceased or become vacant.
Section
285
Establishment and Establishment of election Establishment of election Establishment of election
jurisdiction of election tribunals and time for tribunals and time for tribunals and time for
tribunals determination of election determination of election determination of election
petitions petitions petitions

(1) there shall be established for (1) there shall be established
the Federation one or more for each State of the
election tribunals to be known as Federation and the Federal
the National Assembly Election Capital Territory one or more
Tribunals which shall, to the election tribunals to be
exclusion of any Court or known as the Election
Tribunal, have original jurisdiction Tribunals which shall, to the
to hear and determine petition as exclusion of any Court or
to whether - Tribunal, have original
jurisdiction to hear and
(a) any person has been determine petition as to
validly elected as a whether -
member of the National
Assembly; (a) any person has been
validly elected as a
member of the
National Assembly;
(b) the term of office of any (b) any person has been
person under this validly elected to the
Constitution has ceased; Office of the Governor
(1) there shall be established for (1) there shall be established “Same”
the Federation and the Federal for each State of the
Capital Territory one or more Federation and the Federal
election tribunals to be known as Capital Territory one or more
election tribunals to be known
the National Assembly Election
as the National and State
Tribunals which shall, to the
Houses of Assembly Election
exclusion of any Court or Tribunals which shall, to the
Tribunal, have original exclusion of any Court or
jurisdiction to hear and Tribunal, have original
determine petition as to jurisdiction to hear and
whether - determine petition as to
whether -
(a) any person has been (a) any person has
been validly elected
validly elected as a
as a member of the
member of the National National Assembly;
Assembly; and (b) any person has
been validly elected
as a member of the
(b) and (c) deleted

40
 (c) the seat of a member of or Deputy Governor of House of Assembly
the Senate or a member a State; of a State.
of the House of (c) any person has been
Representatives has validly elected as a
become vacant; and member of the House
of Assembly of a State.

(d) a question or petition

brought before the
(2) There shall be established in
election tribunal has been “2” is deleted “2” is deleted
each State of the Federation and Senate
properly or improperly
the Federal Capital Territory,
brought. one or more election tribunals to
be known as the Governorship
(2) There shall be established in and Legislative Houses Election
each State of the Federation one
Tribunals National and State
or more election tribunals to be
Houses of Assembly Election
known as the Governorship and Tribunals which shall, to the
Legislative Houses Election
exclusion of any court or tribunal,
Tribunals which shall, to the have original jurisdiction to hear
exclusion of any court or tribunal,
and determine petitions as to
have original jurisdiction to hear
whether any person has been
and determine petitions as to
validly elected to the office of
whether any person has been
Governor or Deputy Governor or
validly elected to the office of as a member of any legislative
Governor or Deputy Governor or
houses
as a member of any legislative
houses
(3) The composition of the House
(3) The composition of the (3) The composition of the National and State Houses of (3) The composition of the
National Assembly Election National Assembly Election National and State Houses
Assembly Election Tribunals,
Tribunals, Governorship and Tribunals, Governorship and Governorship and Legislative of Assembly Election
Legislative House election Legislative House election Tribunals, Governorship and
House election Tribunals shall be
Tribunals shall be as set out in Tribunals shall be as set out in Legislative House election
as set out in the sixth schedule to
the sixth schedule to this the sixth schedule to this this constitution. Tribunals shall be as set out in
constitution. constitution. the sixth schedule to this
constitution.
(4) The quorum of an election Senate
(4) The quorum of an election (4) The quorum of an election (4) The quorum of an election
tribunal established under this

41
tribunal established under this
section shall be the Chairman and
two other members.
tribunal established under this
section shall be the Chairman and
two one other member.
5. (a) An election petitions
shall be filed within twenty
one days after the date of the
declaration of results of the
elections;
(b) An election tribunal shall
deliver its judgment in
writing within 0ne hundred
and eighty days from the date
of the filing of the petition;
(c) An appeal from a decision
of an election tribunal or
court shall be heard and
disposed of within sixty days
from the date of the delivery
of judgment of the tribunal;
section shall be the Chairman
and two other members.
Insertion of a New section
“285A”-
(1) An election tribunal shall
deliver its judgment in writing
42
tribunal established under this
section shall be the Chairman
and two one other member.
5. (a) An election petition Senate
shall be filed within twenty
one days after the date of
the declaration of results
of the elections;
(b) An election tribunal
shall deliver its judgment
in writing within 0ne
hundred and eighty days
from the date of the filing
of the petition;
(c) An appeal from a
decision of an election
tribunal or court shall be
heard and disposed of
within sixty days from the
date of the delivery of
judgment of the tribunal;
(d) The court in all appeals House
from election tribunal may
adopt the practice of first
giving its decision and
reserving the reasons
therefor to a later date.

Section
318
Interpretation
(c) Primary Six School Leaving
Certificate or its equivalent and-
(i) service in the public or private
sector in the Federation in any
capacity acceptable to the
Independent National electoral
Commission for periods totaling
up to a minimum of ten years,
within 120 days from the date of
the filing of the petition;
(2) 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;
(3) The court in all appeals from
election tribunal may adopt the
practice of first giving its decision
and reserving the reasons
thereto for the decision to a later
date.
Interpretation Interpretation Interpretation
“Independent Candidate” “Independent Candidate” means “Independent Candidate” House
means a person seeking elective a person seeking elective office means a person seeking
office and who is not sponsored and who is not sponsored by any elective office and who is not
by any political party and satisfies political party and satisfies the sponsored by any political
the requirements of the requirements of the Constitution, party and satisfies the
Constitution, Electoral Act, and Electoral Act, and any other law requirements of the
any other law made by the made by the National Assembly. Constitution, Electoral Act, and
National Assembly. any other law made by the
National Assembly.
“(c) either- inserting the following definition inserting the following
House
(i) service in the public or of tertiary institution level definition of tertiary institution
private sector in the immediately after the definition level immediately after the
Federation in any capacity of State- definition of State-
for a minimum of ten years,
or
(ii) attendance at courses
and trainings in institutions
43
 and for a minimum period of
one year”;
(ii) attendance at courses and
training in such institutions as
may be acceptable to the Subparagraph (iii) deleted “For the purpose of sections 65, “For the purpose of sections House
Independent National Electoral 131 and 177, relevant certificates 65, 131 and 177, relevant
Commission for periods totaling Paragraph (d) deleted means”- certificates means”-
up to a minimum of one year,
and (a) Ordinary National (a) Ordinary National
Diploma or its equivalent; Diploma or its
(iii) the ability to read, write, Relevant certificates means”- or equivalent; or
understand and communicate in (a) Ordinary National
the English language to the Diploma or its equivalent; (b) Nigerian Certificate in (b) Nigerian Certificate
satisfaction of the Independent or Education or its in Education or its
National Electoral Commission; (b) Nigerian Certificate in equivalent; or equivalent; or
and Education; or
(c) Higher School Certificate; (c) Higher School (c) Higher School
(d) any other qualification or its equivalent; or Certificate; or its Certificate; or its
acceptable by the Independent (d) Advanced Diploma or its equivalent; or equivalent; or
National Electoral Commission. equivalent; or
(e) Higher National Diploma; (d) Advanced Diploma or (d) Advanced Diploma
or its equivalent its equivalent; or or its equivalent; or
(f) First Degree; from
recognized institutions”. (e) Higher National (e) Higher National
Diploma or its equivalent; Diploma or its
or equivalent; or

SECOND SCHEDULE
CONSTITUTIONAL PROVISIONS Senate Bill as Passed House of Reps Bill as Harmonized Remarks
Passed

Second Schedule Part I, Second Schedule Part I, Second Schedule Part I, Second Schedule, Part I,
Exclusive Legislative List, Exclusive Legislative List, Exclusive Legislative List Exclusive Legislative List,

44
item 56 item 56 item 56 item 56

Regulation Of Political Regulation Of Political Regulation of Political Formation and Regulation

Parties Parties Parties of Political Parties

Insert before the word House

“Regulation in item 56 the
words “Formation and”

Second Schedule Part II, Second Schedule Part II, Second Schedule Part II, Second Schedule Part II,
Item 11: Item 11: Item 11: Item 11:

CONCURRENT LEGISLATIVE CONCURRENT LEGISLATIVE Nil Retained as in Principal Act House

LIST LIST

11. The National Assembly may
make laws for the Federation
with respect to the registration
of voters and the procedure
regulating elections to a Local
Government Council.
11. The National Assembly may
make laws for the Federation
with respect to the registration
of voters and the procedure
regulating elections to a Local
Government Council.

Nil
new items 22 “B” and “C”-
Deleted Senate

“B- Persons who may apply to

an election tribunal or the
court of appeal for the
determination of any question
as to whether any person has
been validly elected to any
office under this Constitution.

C- Circumstances, manner and

45
conditions under which
application may be made to-

(i) the Court of Appeal to

determine whether the term of
office of the President, Vice-
President, Governor or Deputy
Governor has ceased or his
seat has become vacant;

(ii) the Federal High Court to

determine whether the term of
office of any person elected as
a member of the Senate or
House of Representatives has
ceased or his seat has become
vacant; and

(iii) the Federal High Court to

determine whether the term of
office of any person elected as
a member of House of
Assembly of that State has
ceased or his seat has become
vacant; and

(b) renumbering the existing

item 22 as a new item 22 “A”;

46
 THIRD SCHEDULE
CONSTITUTIONAL Senate Bill as Passed House of Reps Bill as Passed Harmonized Remarks
PROVISIONS

Paragraph Third Schedule, Part I Third Schedule, Part I Third Schedule, Part I Third Schedule, Part I
14
(1) The Independent National (1) The Independent National 14 (1) The Independent National (1) The Independent Senate
Electoral Commission shall Electoral commission shall Electoral Commission shall National Electoral
comprise the following comprise the following comprise the following Commission shall comprise
members- members- members- the following members-
(a) A Chairman, who shall (a) A Chairman, who shall be (a) a Chairman, who shall be the (a) A Chairman, who shall
be the Chief Electoral the Chief Electoral Chief Electoral Commissioner be the Chief Electoral
Commissioner; and Commissioner; and and a Deputy Chairman; Commissioner; and
(b) Twelve other members (b) Twelve other members
to be known as National to be known as National (b) twelve other members to be (b) Twelve other members House
Electoral Commissioners Electoral Commissioners known as National Electoral to be known as National
who shall be persons of who shall be persons of Commissioners. Electoral Commissioners.
unquestionable integrity unquestionable integrity
and not be less than and not be less than fifty “(2) A member of the (2) A member of the
fifty years and forty years and forty years of Commission shall- Commission shall-
years of age, age, respectively.
respectively. (a) be non-partisan and a person (a) be non-partisan and a
of unquestionable integrity; person of unquestionable
integrity;

b) not be less than forty years (b) not be less than forty House
of age in the case of the years of age in the case of
Chairman, and not less than the Chairman, and not less
thirty five years of age in the than thirty five years of age
case of the National in the case of the National
Commissioners. Commissioners.

(3) There shall be for each

(2) There shall be for each (2) There shall be for each (3) There shall be for each State Senate
State of the Federation and
State of the Federation State of the Federation and the

47
 and the Federal Capital Federal Capital Territory, Abuja, of the Federation and the the Federal Capital
Territory, Abuja, a a Resident Electoral Federal Capital Territory, Abuja, Territory, Abuja, a Resident
Resident Electoral Commissioner who shall- a Resident Electoral Electoral Commissioner who
Commissioner who shall- (a) be appointed by the shall-
Commissioner who shall-
(a) be appointed by the President subject to (a) be appointed by the
President, confirmation by the President subject to
(a) be a person of
(b) be persons of Senate, confirmation by the
unquestionable (b) be persons of unquestionable integrity; Senate,
integrity; unquestionable (b) be persons of
(b) not less than thirty-five years
(c) not less than forty integrity and shall not unquestionable integrity
years of age. be a member of any of age; and and shall not be a
political party; member of any political
(c) not less than forty (c) be non-partisan. party;
years of age.
(c) not less than thirty five House
years of age.

Paragraph The Commission shall have The Commission shall have The Commission shall have The Commission shall
15 power to- power to- power to- have power to-

(c) monitor the organization and
operation of the political parties,
including their finances;
(c) monitor the organization
and operation of the political
parties, including their finances,
conventions, congresses
and party primaries;
Retained as in Principal Act
(c) monitor the organization Senate
and operation of the
political parties, including
their finances,
conventions, congresses
and party primaries;

48
SIXTH SCHEDULE
CONSTITUTIONAL
PROVISIONS
National Assembly Election
Tribunal
Sixth Schedule, Paragraph 1
(1) A National Assembly Election
Tribunal shall consist of a
Chairman and four other
members.
(2) The Chairman shall be a
Judge of a High Court and the
four 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 or other 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
Senate Bill as Passed
National Assembly Election
Tribunal
Sixth Schedule, Paragraph 1
(1) A National Assembly
Election Tribunal shall consist of
a Chairman and four two other
members.
(2) The Chairman shall be a
Judge of a High Court and the
four 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 or other members of the
judiciary not below the rank of
a Chief Magistrate.
House of Reps Bill as
Passed
National and State Houses of
Assembly Election Tribunals
Sixth Schedule, Paragraph 1
(1) A National and State Houses
Assembly Election Tribunal shall
consist of a Chairman and four
two other members.
(2) The Chairman shall be a
Judge of a High Court and the
four 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 or other members of the
judiciary not below the rank of
a Chief Magistrate.
B - Governorship and
Legislative House Election
Tribunal
2. (1) A Governorship and
Legislative Houses Election
Tribunal shall consist of a
Chairman and four two other
members.
(2) The Chairman shall be a
49
Harmonized
National and State Houses of
Assembly Election Tribunals
Sixth Schedule, Paragraph 1 House
(1) A National and State
Houses of Assembly Election
Tribunal shall consist of a
Chairman and four two other
members.
(2) The Chairman shall be a Same
Judge of a High Court and the
four 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 or other members of
the judiciary not below the
rank of a Chief Magistrate.
House
 be. Judge of a High Court and the
B - Governorship and four other members shall be
Legislative House Election appointed from among Judges
Tribunal of a High Court, Kadis of a
Sharia Court of Appeal, Judges
2. (1) A Governorship and of a Customary Court of Appeal
Legislative Houses Election or members of the judiciary not
Tribunal shall consist of a below the rank of a Chief
Chairman and four other Magistrate.
members. (3) The Chairman and other
members shall be appointed by
(2) The Chairman shall be a the President of the Court of
Judge of a High Court and the Appeal in consultation with the
four other members shall be Chief Judge of the State, the
appointed from among Judges of Grand Kadi of the Sharia Court
a High Court, Kadis of a Sharia of Appeal of the State or the
Court of Appeal, Judges of a President of the Customary
Customary Court of Appeal or Court of Appeal of the State, as
members of the judiciary not the case may be.
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.
Citation Citation Citation
HOUSE

The Bill may be cited as the The Bill may be cited as the The Bill may be cited as the
Constitution (Second Constitution (First Amendment) Constitution (First
Amendment) Bill, 2010 Bill, 2010 Amendment) Bill, 2010

50
 EXPLANATORY MEMORANDUM

The Bill seeks to amend the Constitution of the Federal

Republic of Nigeria 1999, to among others, provide for
independent candidate in elections, guaranteeing
administrative and financial independence of the
Independent National Electoral Commission and ensuring the
non elongation of the term of office of elected officials
beyond the required constitutional provision.

51