Citizenship

Citizenship is at the core of a person’s existence as a bonafide member of a nation. Black’s Law
Dictionary (8th Edition) defines citizenship as, “The status of being a citizen” and citizen as, “A
person who, by either birth or naturalization, is a member of a political community, owing
allegiance to the community and being entitled to enjoy all its civil rights and protections.”

Generally, citizenship can be acquired in a number of ways, namely by jus soli, i.e. by birth, by
jus sanguinis, i.e. by family, by jus matrimonii, i.e. by marriage. Jus soli grants automatic
citizenship to persons born within a country; jus sanguinis makes a person a citizen if one or
both of his parents are citizens of the country; jus matrimonii enables a spouse to obtain the
citizenship of the partner’s country. But in Nigeria, the methods of acquiring its citizenship are
specifically provided for in the constitution. Citizenship is governed by Chapter III of the 1999
Constitution (from Sections 25 to 32).

The 1999 Constitution provides three methods by which a person can become a citizen of
Nigeria: By birth, by registration and by naturalization.

Citizenship by Birth

By s. 25, any person born in Nigeria or outside either of whose parents or grandparents belongs
or belonged to a community indigenous to Nigeria before or after independence in 1960 is a
citizen of Nigeria. S. 25 (1) provides that, “The following persons are citizens of Nigeria by
birth-namely

a. every person born in Nigeria before the date of independence, either of whose parents or any
of whose grandparents belongs or belonged to a community indigenous to Nigeria;

Provided that a person shall not become a citizen of Nigeria by virtue of this section if neither of
his parents nor any of his grandparents was born in Nigeria.

b. every person born in Nigeria after the date of independence either of whose parents or any of
whose grandparents is a citizen of Nigeria; and

c. every person born outside Nigeria either of whose parents is a citizen of Nigeria.

S.25 (2) clarifies "the date of independence" as the 1st day of October 1960.

See Shugaba v Minister of Internal Affairs (1981) 1NCLR 459 and Ahmed v Minister of Internal
Affairs (2017) LPELR-43150 (CA) [“The possession of a passport, without more, I hold, does
not qualify a person to be a citizen of the Federal Republic of Nigeria, neither does the
possession of a voter’s card or proof of payment of development levies. Qualification to be a
citizen of this country is clearly spelt out in Ss. 23 to 28 of the 1979 Constitution supra (Ss. 25-31
of the 1999 Constitution). Nothing extraneous can be read into these provisions.]
Citizenship by registration

The Constitution also makes it possible for a person who is not a citizen by birth to become one
by either registration or naturalization. Citizenship by registration is guaranteed under S. 26 thus,

(1) “Subject to the provisions of section 28 of this Constitution, a person to whom the provisions
of this section apply may be registered as a citizen of Nigeria, if the President is satisfied that –

a. he is a person of good character;

b. he has shown a clear intention of his desire to be domiciled in Nigeria; and

c. he has taken the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution.

(2) the provisions of this section shall apply to-

a. any woman who is or has been married to a citizen of Nigeria; or

b. every person of full age and capacity born outside Nigeria any of whose grandparents is a
citizen of Nigeria.

Note the provisos in S. 26 (2). Can a divorced woman be registered as a citizen? Compare S. 26
(2)b with S. 25 (1)c. Note that citizenship by registration is subject to the express provisions of S.
28.

Citizenship by naturalisation

Citizenship by naturalisation is guaranteed under S. 27. Under S. 27, there are seven conditions
that an applicant for citizenship by registration must fulfill before securing registration, thus,

(1) "Subject to the provisions of section 28 of this Constitution, any person who is qualified in
accordance with the provisions of this section may apply to the President for the grant of a
certificate of naturalisation.

(2) No person shall be qualified to apply for the grant of a certificate of naturalisation, unless he
satisfies the President that -

(a) he is a person of full age and capacity;

(b) he is a person of good character;

(c) he has shown a clear intention of his desire to be domiciled in Nigeria;

(d) he is, in the opinion of the Governor of the State where he is or he proposes to be resident,
acceptable to the local community in which he is to live permanently, and has been assimilated
into the way of life of Nigerians in that part of the Federation;

(e) he is a person who has made or is capable of making useful contribution to the advancement;
progress and well-being of Nigeria;

(f) he has taken the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution;
and

(g) he has, immediately preceding the date of his application, either-

(i) resided in Nigeria for a continuous period of fifteen years; or

(ii) resided in Nigeria continuously for a period of twelve months, and during the period of
twenty years immediately preceding that period of twelve months has resided in Nigeria for
periods amounting in the aggregate to not less than fifteen years.

Dual Citizenship

Of critical importance to citizenship acquired by registration or naturalization is S. 28 which

deals with dual citizenship for foreigners whose original citizenship is not by birth. Any
foreigner who is a citizen of another country by birth is entitled to be a citizen of Nigeria by
registration or naturalization. But a foreigner whose existing citizenship was not by birth is liable
to forfeit his Nigerian citizenship unless he renounces that other citizenship. S. 28 clearly states,

(1) Subject to the other provisions of this section, a person shall forfeit forthwith his Nigerian
citizenship if, not being a citizen of Nigeria by birth, he acquires or retains the citizenship or
nationality of a country, other than Nigeria, of which he is not a citizen by birth.

(2) Any registration of a person as a citizen of Nigeria or the grant of a certificate of

naturalisation to a person who is a citizen of a country other than Nigeria at the time of such
registration or grant shall, if he is not a citizen by birth of that other country, be conditional upon
effective renunciation of the citizenship or nationality of that other country within a period of not
more than five months from the date of such registration or grant.

In clear terms, the implication of S. 28 is that any foreigner holding citizenship of another
country that is not the country of his birth will forfeit the Nigerian citizenship acquired by
registration or naturalization.

Where dual citizenship involves a Nigerian citizen who acquired his citizenship by birth under S.
25, such a national does not suffer any limitation in the exercise of his right as a citizen under the
1999 Constitution. S. 66(1)a which provides that, “No person shall be qualified for election to
the Senate or the House of Representatives if subject to the provisions of section 28 of this
Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or,
except in such cases as may be prescribed by the National Assembly, has made a declaration of
allegiance to such a country” seems to cast doubt on the eligibility of a Nigerian holding dual
citizenship to contest elections into the National Assembly.

However, judicial authorities have affirmed in Willie Ogbeide v Arigbe Osula (2004) 12 NWLR
(886) 86 and PDP v INEC (2012) LPELR-8409 (CA) that dual citizenship does not make a
candidate ineligible to contest an election if he is a Nigerian citizen by birth. Held in Ogbeide @
138 that [“…a person who is a citizen of Nigeria by birth cannot have such forfeited or become
ineligible to contest such elections under any circumstances even where s. 65 (1) is read with s.
137…the 1999 Constitution does not prohibit Nigerian citizens by birth from holding the
citizenship of another country and from contesting election to or being a member of the National
Assembly.”] Held in PDP that [“The application of section 66(1)(a) of the 1999 constitution can
only become relevant if appellants had established by credible and cogent evidence that 2nd
appellant took Oath of Allegiance to the United States of America. As decided in the case of
Ogbeide vs. Osula (supra) that dual citizenship does not make a candidate ineligible to contest
an election if he is a Nigerian citizen by birth. The complaint of the appellants is therefore
unfounded.”]

Renunciation of citizenship by Nigerians

Whereas the Constitution protects the citizenship of Nigerians who acquire it by birth, it allows
Nigerians the freedom to renounce it if anyone so wishes. The renunciation is however subject to
the President exercising discretion over it. He may withhold the renunciation if it is made during
a war Nigeria is involved in or if he thinks it is contrary to public policy. Renunciation of
citizenship is governed by S. 29 thus,

(1) Any citizen of Nigeria of full age who wishes to renounce his Nigerian citizenship shall make
a declaration in the prescribed manner for the renunciation.

(2) The President shall cause the declaration made under subsection (1) of this section to be
registered and upon such registration, the person who made the declaration shall cease to be a
citizen of Nigeria.

(3) The President may withhold the registration of any declaration made under subsection (1) of
this section if-

(a) the declaration is made during any war in which Nigeria is physically involved; or

(b) in his opinion, it is otherwise contrary to public policy.

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

(a) "full age" means the age of eighteen years and above;

(b) any woman who is married shall be deemed to be of full age.

Deprivation of citizenship

Just as the President is empowered to withhold renunciation of citizenship, he is also vested with
the powers to deprive citizenship to Nigerians who acquire it by means other than by birth. In
other words, the President may deprive a person his citizenship if he is a citizen by registration or
by naturalisation but he cannot deprive a person whose citizenship is by birth or registration his
citizenship. However, deprivation is subject to certain conditions, basically imprisonment upon
commission of crime and disloyalty to and subversion of Nigeria during war. This is governed by
S. 30, thus,

(1) The President may deprive a person, other than a person who is a citizen of Nigeria by birth
or by registration, of his citizenship, if he is satisfied that such a person has, within a period of
seven years after becoming naturalised, been sentenced to imprisonment for a term of not less
than three years.

(2) The President shall deprive a person, other than a person who is citizen of Nigeria by birth, of
his citizenship, if he is satisfied from the records of proceedings of a court of law or other
tribunal or after due inquiry in accordance with regulations made by him, that –

(a) the person has shown himself by act or speech to be disloyal towards the Federal Republic of
Nigeria; or

(b) the person has, during any war in which Nigeria was engaged, unlawfully traded with the
enemy or been engaged in or associated with any business that was in the opinion of the
President carried on in such a manner as to assist the enemy of Nigeria in that war, or unlawfully
communicated with such enemy to the detriment of or with intent to cause damage to the interest
of Nigeria.

However, S. 309, which is outside Chapter III, guarantees anyone who became a citizen of
Nigeria by birth, registration or naturalisation under the provisions of any other Constitution to
continue to be a citizen of Nigeria under the 1999 Constitution. “Notwithstanding the provisions
of Chapter III of this Constitution but subject to section 28 thereof, any person who became a
citizen of Nigeria by birth, registration or naturalisation under the provisions of any other
Constitution shall continue to be a citizen of Nigeria under this Constitution.

Delegation of Power to the President to make Regulations on Citizenship

S. 32 delegates powers to the President to make regulations on citizenship, including on special

immigrant status, as long as such is not inconsistent with Chapter III of the Constitution and as
long as they are laid before the National Assembly, thus,
(1) The President may make regulations, not inconsistent with this Chapter, prescribing all
matters which are required or permitted to be prescribed or which are necessary or convenient to
be prescribed for carrying out or giving effect to the provisions of this Chapter, and for granting
special immigrant status with full residential rights to non-Nigerian spouses of citizens of
Nigeria who do not wish to acquire Nigerian citizenship.
(2) Any regulations made by the president pursuant to the provisions of this section shall be laid
before the National Assembly.

Quick Takes on Citizenship

*Three types of citizenship: by birth; by registration (on application subject to certain

conditions); by naturalisation (discretionary grant based on long residence)
*Citizenship by birth is qualified as it is not jus soli; therefore, any child born in Nigeria any of
whose parents or grandparents is not a citizen cannot acquire the nationality of Nigeria by fact of
birth.
*Only women can register as Nigerian citizens on grounds of marriage; S. 26 (2) a does not
cover foreign men married to Nigerian women.
*Foreign men married to Nigerian women can only acquire Nigerian citizenship by
naturalization.

The Judiciary

Chapter VII of the 1999 Constitution deals with the Judicature in its entirety, including the very
important issue of jurisdiction of the courts. S. 6(1) of the 1999 Constitution vests the judicial
powers of the Federation in the courts established for the Federation and S. 6(2) vests the judicial
powers of a State in the courts established for that state.

S. 6(5) lists the courts as:

a. the Supreme Court of Nigeria;

b. the Court of Appeal;

c. the Federal High Court;

cc. the National Industrial Court;

d. the High Court of the Federal Capital Territory, Abuja;

e. a High Court of a State;

f. the Sharia Court of Appeal of the Federal Capital Territory, Abuja;

g. a Sharia Court of Appeal of a State;

h. the Customary Court of Appeal of the Federal Capital Territory, Abuja;

i. a Customary Court of Appeal of a State;

j. such other courts as may be authorized by law to exercise jurisdiction on matters with respect
to which the National Assembly may make laws; and

k. such other courts as may be authorized by law to exercise jurisdiction at first instance or on
appeal on matters with respect to which a House of Assembly may make laws.

S. 6(3) makes these courts the only superior courts of record in Nigeria. By virtue of the
provisions of the Constitution of the Federal Republic of Nigeria (Third Alteration) Act, 2010,
the National Industrial Court, which hitherto was not covered under S. 6(5), was added to the
superior courts of record in Nigeria.

S. 6(6) vests the following judicial powers in the courts aforementioned:

a. all inherent powers and sanctions of a court of law;

b. all matters between persons, or between government or authority and any persons in Nigeria,
and all actions and proceedings relating thereto, for the determination of any question as to the
civil rights and obligations of that person.

Such powers however do not extend to:

c. any issue or question as to whether any act or omission by any authority or person or whether
any law or any judicial decision is in conformity with the Fundamental Objectives and Directive
Principles of State Policy set out in Chapter II of this Constitution except as otherwise provided
by the Constitution;

d. any action or proceedings relating to any existing law made on or after 15th January, 1966 for
determining any issue or question as to the competence of any authority or person to make any
such law.

The Supreme Court

Jurisdiction of courts is according to the hierarchy of courts. The Supreme Court is the highest
court in Nigeria. It is endowed with both appellate and original jurisdictions. It is established
under S. 230(1). By S. 230(2), it shall consist of the CJN and such number of Justices, not
exceeding 21, as may be prescribed by an Act of the National Assembly.

S. 232(1) grants it original jurisdiction in any dispute between the Federation and a State or
between States if and in so far as that dispute involves any question (whether of law or fact) on
which the existence or extent of a legal right depends. See Governor of Kaduna State v The
President (1981) 2 NCLR 786 where it was held that only the Supreme Court has original
jurisdiction to hear any dispute between States, and States and Federal Government.

The original jurisdiction may be expanded beyond this if the National Assembly passes an Act to
confer such on it. The National Assembly has exercised this power in the enactment of the
Supreme Court (Additional Original Jurisdiction) Act Cap. S.16 LFN 2004 which confers
original jurisdiction in any dispute between the National Assembly and the President, the
National Assembly and any State House of Assembly, and the National Assembly and the State
of the federation on the Supreme Court. Note that the original jurisdiction vested by the Supreme
Court does not extend to criminal matters as it is a cardinal principle that there must be
opportunity for appeal in criminal proceedings.

The Supreme Court exercises its appellate jurisdiction by virtue of S. 233(1-2). (The Supreme
Court shall have jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and
determine appeals from the Court of Appeal.

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

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

(b) decisions in any civil or criminal proceedings on questions as to the interpretation or

application of this Constitution;

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

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

(e) decisions on any question -

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

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

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

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

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

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

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

It can only take appeals from the Court of Appeal and no other court. In exercising any
jurisdiction constitutionally conferred on it, the Supreme Court shall, by S. 234, be duly
constituted if it consists of not less than five Justices of the Supreme Court provided that where it
is sitting to consider an appeal on civil or criminal proceedings on interpretation of the
Constitution or fundamental rights or to exercise its original jurisdiction in respect of disputes
between the Federation and States or between States, the Court shall be constituted by seven
Justices. No other court can exercise the jurisdiction conferred on the Supreme Court. In
addition, its judgements are final. See S. 235.

The Court of Appeal

The Court of Appeal is next in rank, status and power to the Supreme Court. It is formally
established under S.237(1). By S. 237 (2), the Court of Appeal shall consist of:

(a) a President of the Court of Appeal; and

(b) such number of Justices of the Court of Appeal, not less than forty-nine of which not less
than three shall be learned in Islamic personal law, and not less than three shall be learned in
Customary law, as may be prescribed by an Act of the National Assembly.

The jurisdiction granted to the Court of Appeal, like that of the Supreme Court, is both original
and appellate but its determination of any matter brought before it is not final except where the
Constitution says so. By S. 239(1), 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:

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

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

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

Note that S.25 of the Constitution of the Federal Republic of Nigeria (First Alteration) Act, 2010
has included Governors and Deputy Governors in the original jurisdiction conferred in S. 239(1)
of the Constitution, i.e. original jurisdiction in respect of the determination of the validity of the
election of the President, VP, Governors and Deputy Governors.
By S. 240, the appellate jurisdiction of the Court of Appeal covers appeals from the Federal High
Court, the National Industrial Court, the High Court of the Federal Capital Territory, Abuja,
High Courts of States, Sharia Court of Appeal of the Federal Capital Territory, Abuja, Sharia
Courts of Appeal of States, Customary Courts of Appeal of States and from decisions of courts
martial or other tribunals as may be prescribed by an Act of the National Assembly.

The National Assembly may confer jurisdiction upon the Court of Appeal to hear and determine
appeals from the decision of any other court of law or tribunal established by the National
Assembly. See S. 246(2). By S. 247(1), the Court of Appeal is duly constituted if it consists of
not less than three Justices of the Court of Appeal and in the case of appeals from:

(a) a Sharia Court of Appeal, if it consists of not less than three Justices of the Court of Appeal
learned in Islamic personal law; and

(b) a Customary Court of Appeal, if it consists of not less than three Justices of Court of Appeal
learned in Customary law.

The Federal High Court

The Federal High Court is established by S.249(1) and shall consist of:

(a) a Chief Judge of the Federal High Court; and

(b) such number of Judges of the Federal High Court as may be prescribed by an Act of the
National Assembly. See S. 249(2).

The Court has exclusive jurisdiction in civil causes and matters relating to federal government
revenue, company taxation, customs and excise and export duties, banking and financial
institutions, operation of CAMA, intellectual property, admiralty, diplomatic, consular and trade
representation, citizenship, bankruptcy and insolvency, aviation, arms, ammunitions and
explosives, drugs and poisons, mines and minerals, weights and measures, treason, treasonable
felony and allied offences, etc. See S.251.

However, this exclusive jurisdiction does not apply to any dispute between an individual
customer and his bank in respect of transactions between the individual customer and the bank.
See NDIC v. OKEM ENTERPRISE LTD & ANOR (2004) LPELR-1999(SC). It also does not
prevent a person from seeking redress against the Federal Government or any of its agencies in
an action for damages, injunction or specific performance where the action is based on any
enactment, law or equity. See NEPA v Edegbero (2002) 18 NWLR (Pt 798) 79 and compare
with Onuorah v KRPC Ltd. (2005) 6 NWLR (Pt. 921) 393.

The Federal High Court is of coordinate jurisdiction with the High Court of a State. See S.
252(1). It is duly constituted by at least one judge.
The High Court of the Federal Capital Territory

The High Court of the Federal Capital Territory is established by S. 255(1) and shall consist of:

(a) a Chief Judge of the High Court of the Federal Capital Territory, Abuja; and

(b) such number of Judges of the High Court as may be prescribed by an Act of the National
Assembly. See S. 255(2).

It has both original and appellate jurisdictions in criminal and civil matters in the Federal Capital
Territory, Abuja. See S. 257. It is duly constituted if it consists of at least one Judge of the court.
See S. 258.

The National Industrial Court

This court is a recent creation and enjoys constitutional backing by virtue of the Constitution of
the Federal Republic of Nigeria (Third Alteration) Act, 2010. It is established by S. 254A (1) and
shall consist of:

(a) President of the National Industrial Court; and

(b) such number of Judges of the National Industrial Court as may be prescribed by an Act of the
National Assembly. See S. 254A (2).

By S. 254C, the National Industrial Court is conferred with exclusive jurisdiction over such civil
causes and matters as labour, employment, trade unions and industrial relations; the Factories
Act, Trade Disputes Act, Trade Unions Act, Labour Act, Employees' Compensation Act or any
other Act or Law relating to labour; strike, lock-out or any industrial action; the interpretation
and application of the provisions of Chapter IV of the Constitution as it relates to any
employment, labour, industrial relations, trade unionism, employer's association; any dispute
arising from national minimum wage; unfair labour practice; discrimination or sexual harassment
at workplace; application or interpretation of international labour standards; child labour, child
abuse and human trafficking; etc.

The National Industrial Court also has power to entertain and exercise appellate and supervisory
jurisdiction over an arbitral tribunal or commission, administrative body, or board of inquiry in
respect of any matter that the National Industrial Court has jurisdiction to entertain or any other
matter as may be prescribed by an Act of the National Assembly or any Law in force in any part
of the Federation. It can also exercise jurisdiction and powers in criminal causes and matters
arising from any cause or matter on which jurisdiction it has jurisdiction.
The National Industrial Court enjoys the same status as a High Court. See S. 254D (1). It is duly
constituted if it consists of a single Judge or not more than three Judges as the President of the
National Industrial Court may direct. See S. 254E.

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

The Sharia Court of Appeal of the Federal Capital Territory, Abuja is established by S. 260(1)
and shall consist of:

(a) a Grand Kadi of the Sharia Court of Appeal and

(b) such number of Kadis of the Sharia Court of Appeal as may be prescribed by an Act of the
National Assembly. See S. 260(2).

This court is different from others in that its judges must either be lawyers of at least 10 years’
experience who must have obtained a recognized qualification in Islamic law from an institution
acceptable to the National Judicial Council or persons who must have attended and obtained a
recognized qualification in Islamic law from an institution approved by the National Judicial
Council and has held the qualification for a period of not less than twelve years and has
considerable experience in the Practice of Islamic law or he is a distinguished scholar of Islamic
law. See S. 261(3). The judges of this court are called Kadis.

By S. 262(1), the Sharia Court of Appeal exercises appellate and supervisory jurisdiction in civil
proceedings involving mainly questions of Islamic personal law regarding a marriage concluded
in accordance with that law and where all the parties to the proceeding are Muslims; any
question of Islamic personal law regarding a wakf, gift, will or succession where the endower,
donor, testator or deceased person is a Muslim; and any question of Islamic personal law
regarding an infant, prodigal or person of unsound mind who is a Muslim or the maintenance or
the guardianship of a Muslim who is physically or mentally infirm; etc.

The Court is duly constituted if it consists of at least three Kadis. See S. 263.

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

The Customary Court of Appeal of the Federal Capital Territory, Abuja is established by S.
265(1) and shall consist of:

(a) a President of the Customary Court of Appeal; and

(b) such number of Judges of the Customary Court of Appeal as may be prescribed by an Act of
the National Assembly.
Like the Sharia Court of Appeal, the Customary Court of Appeal is different from others in that
its judges must either be lawyers of at least 10 years’ experience who, in the opinion of the
National Judicial Council, has considerable knowledge and experience in the practice of
Customary law or persons who, in the opinion of the National Judicial Council, have
considerable knowledge of and experience in the practice of Customary law. See S. 266(3).

By S. 267, the Customary Court of Appeal exercises appellate and supervisory jurisdiction in
civil proceedings involving mainly questions of Customary Law. It is duly constituted if it
consists of at least three Judges of that Court.

High Court of a State

S. 270(1) established a High Court for each State of the Federation. Each State High Court shall
consist of:

(a) a Chief Judge of the State; and

(b) such number of Judges of the High Court as may be prescribed by a Law of the House of
Assembly of the State. See S. 270(2).

It has both original and appellate jurisdictions in criminal and civil matters in the State where it
exists. See S. 272 (1&2). It is duly constituted if it consists of at least one Judge of the court. See
S. 273.

The Sharia Court of Appeal of a State

The Sharia Court of Appeal of a State is similar to that of the Federal Capital Territory except
that it operates in the state that establishes it. S. 275(1) gives any state that requires it power to
establish a Sharia Court of Appeal. It shall consist of:

(a) a Grand Kadi of the Sharia Court of Appeal. and

(b) such number of Kadis of the Sharia Court of Appeal as may be prescribed by the House of
Assembly of the state. See S. 275(2).

Appointment and nomenclature of its judges are similar to those of the Sharia Court of Appeal of
the Federal Capital Territory. Its jurisdiction is also similar to that of the Sharia Court of Appeal
of the Federal Capital Territory. The Court is duly constituted if it consists of at least three
Kadis. See S. 278.
The Customary Court of Appeal of a State

The Customary Court of Appeal of a State is similar to that of the Federal Capital Territory
except that it operates in the state that establishes it. S. 280(1) gives any state that requires it
power to establish a Customary Court of Appeal. It shall consist of:

(a) a President of the Customary Court of Appeal; and

(b) such number of Judges of the Customary Court of Appeal as may be prescribed by the House
of Assembly of the state. See S. 280(2).

Appointment of its judges is similar to those of the Customary Court of Appeal of the Federal
Capital Territory. Its jurisdiction is also similar to that of the Customary Court of Appeal of the
Federal Capital Territory. The Court is duly constituted if it consists of at least three Judges of
the court. See S. 283.

Election Tribunals

Prior to 1979, election petitions fell entirely within the jurisdiction of superior courts. The
Obasanjo regime introduced Special Election Tribunals in 1979. They have become an integral
part of the justice system in the country. Each state and the Federal Capital Territory has
established for it one or more election tribunals known as the National and State Houses of
Assembly Election Tribunals with exclusive original jurisdiction to hear and determine petitions
as to whether:

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

(b) Any person has been validly elected as a member of the House of Assembly of a State. See S.
285(1). Similarly, every State has a Governorship Election Tribunal with exclusive original
jurisdiction to hear and determine petitions as to whether any person has been validly elected to
the office of Governor or Deputy Governor of a State. See S. 285(2).

The National and State Houses of Assembly Election Tribunal and the Governorship Election
Tribunal shall each consist of a Chairman and four members as set out in the Sixth Schedule of
the Constitution. See S. 285(3). The quorum of an election tribunal shall be the Chairman and
one other member. See S. 285(4).

Independence of the Judiciary

The independence of the judiciary is absolutely essential to the delivery of justice in any country.
Without independence, the courts will no longer be hallowed temples of justice. The phrase has
been succinctly defined by learned legal luminary, Prof. Peter Oluyede, in his book,
Constitutional Law in Nigeria, as "the independence of the judges to think freely and act freely
according to the dictates of their conscience in line with the provisions of the law without any let
or hindrance or fear of repercussion from any quarters whether from the Legislative, Executive,
individual members of the public or even from the ghost of the individual judges past, present or
future." Oluyede adds that, "When a judge is not totally free from any or all of these he cannot be
said to be independent."

Even though the 1999 Constitution is replete with provisions put in place to ensure independence
of the judiciary to a large extent, several factors are necessary to guarantee that the judiciary is
independent in the discharge of its onerous duties. These factors include:

1. A fair, impartial, independent and merit-based process of appointment of judges for all courts:
The appointment of persons to the Bench is usually made by the President or Governor and
constitutionally subjected to recommendations from the National Judicial Council and
confirmation by the legislature in most cases. See Ss. 231, 238, 250, 254B, 256, 261, 266, 271
and 281. Whether this is independent and influence-free in practice is still a subject of
controversy.

2. Freedom from interference in judicial functions from any quarter: Criticism of judges by the
legislature during budget consideration and any form of intimidation from the Executive
derogate from the independence of the judiciary. The exercise of prerogative of mercy, granted
to the President and Governors under Ss. 175 and 212, is seen by some scholars as interference
too.

3. Financial autonomy for the judiciary: The question is, can there be independence without
financial autonomy? Remember, he who pays the piper dictates the tune. This question has been
settled by the assent to the bill on financial autonomy for the judiciary by former President
Muhammadu Buhari in March 2023.

4. Provision of adequate funds for the judiciary: Financial autonomy is not enough to guarantee
independence of the judiciary. Where there is financial autonomy but not enough funds, the
judiciary will still not be independent.

5. Charge of judges' salaries on consolidated revenue fund: S. 84 guarantees that the salaries of
judicial officers are charged on the consolidated revenue fund.

6. Administrative freedom for the judiciary: The judiciary should have the power to control its
own administrative machinery, including power to determine its own strength and run its own
bureaucracy.
7. Control over jurisdiction, practice and procedure of courts: The courts possess powers under
the Constitution to make rules and regulations for their own practice and procedure. See Ss. 236,
248, 254, 254F, 259, 264, 269, 274, 279 and 284.

8. Provision of adequate facilities and continuous training: There is no full independence where
the courts do not have adequate facilities. Judges should have up-to-date libraries. There should
be constant and continuous training for judges to keep them abreast of legal developments.

9. Respect and dignity for inferior courts: The inferior courts need to also be treated with respect
and dignity like superior courts as they are an important part of the justice delivery system.

10. Faultless and integrity-based disciplinary procedures for erring judges: The procedure for the
discipline and removal of erring judges needs not only to follow the dictates of the Constitution
but must be strengthened to avoid strong arm tactics from an overbearing Executive arm.

11. Restriction on judges after retirement: S. 292(2), which bars former judicial officers from
practising as lawyers after retirement, is seen as a demotivating factor for quality lawyers to offer
their services as judges out of fear for the future.

DELEGATED LEGISLATION

Delegated Legislation is the legislation made by an authority other than a legislative body to
whom the enablement to make law has been given by the body empowered to do so. The power
of Delegated Legislation is usually given by the legislative body to a part of the Executive arm of
the government to make subsidiary legislation in furtherance of a principal statute. The delegate
derives its power from the principal statute which only the legislature, howsoever called, can
make.

The power to make laws for the entire country is donated to the National Assembly by the 1999
Constitution under S. 4 (1-2) while the power to make laws for each state of the Federation is
donated under S. 4 (6) to the House of Assembly of each state. Laws made pursuant to S. 4 (1-2)
are called Acts of the National Assembly while the ones made pursuant to S. 4 (6) are called
Laws. An Act or Law may make provisions in it for the exercise of delegated power by an
administrative body or state functionary to make subsidiary legislation. For subsidiary legislation
to be valid, it must be made in conformity with the enabling power. Where it fails the test of
validity, it does not enjoy the force of law. Once it is validly made, it possesses the force of law
and is as binding as the principal statute.

There are two main classifications of delegated legislation - contingency and supplementary or
delegated legislation properly so called. The difference between the two is that contingency
legislation is dependent on certain conditions being present while delegated legislation becomes
law without preconditions.
A typical example of delegated legislation is S. 32 of the National Information Technology
Development Agency Act 2007 No. 28, 2007: "The Board may make such regulations as in its
opinion necessary or expedient for giving full effect to the provisions of the Act for the
administration of its provisions." See also S. 70 of the Corrupt Practices and Other Related
Offences Act 2000: "The Chairman of the Commission may make rules for giving effect to the
provisions of this Act..."

Factors for proper delegation

It is not in all circumstances that power can be successfully and validly delegated. Some factors
must be in place to ensure successful delegation of power. The factors are:

i. The power must be delegable.

ii. There must be delegation of power.

iii. There must be a proper delegation.

iv. Delegation must be to an appropriate officer or authority.

v. Delegate cannot be superior to his appointor.

1. The power must be delegable: A power must be delegable before a principal party can
successfully delegate it. A delegable power must not fall under powers that can only be exercised
by the person or authority wishing to delegate it. Such include:

a. Duties to be performed personally.

b. Duties that involve the exercise of discretion.

c. Judicial or quasi-judicial powers. The general rule is that judicial and quasi- judicial functions
cannot be delegated.

d. Legislative or law making powers. The parliamentary powers of the legislature, such as its
legislative functions, cannot be delegated out, except power to make subsidiary legislation.

e. Power to declare war.

f. Power to impeach; and,

g. Power to admit or create new states.

These powers cannot be delegated by one body to another body or authority. Thus, a power must
be delegable, before it may be delegated and lawfully exercised by a delegate.

See AG Bendel State v AG Federation & ors (1981) 1 ANLR 85 (The Government of Bendel
State brought action challenging the passage of the Allocation of Revenue (Federal Accounts
etc) Bill into law by the Joint Finance Committee of both Houses of the National Assembly: The
Supreme Court held that these are powers that cannot be delegated to a subordinate.)

2. There must be delegation of power: A Subordinate cannot exercise the power to make
delegated legislation unless the power had been delegated to it. There is however the exception
to the effect that such exercise can be ratified later. Where these are not in place, such act is null
and void. See Anya v Iyayi (1993) 7 NWLR (Pt. 305) 290 SC. See also AG Kaduna State v
Hassan (1985) 2 NWLR (Pt.8) 483 SC. (Nolle prosequi was not validly entered because AG did
not delegate power to do so.)

3. There must be a proper delegation: Delegation must be properly done. It can be done in any
way, orally, in writing or under seal except where the statute prescribes a particular method. See
Comptroller of Nigerian Prison Service, Ikoyi v Adekanye & ors (2002) 15 NWLR (Pt. 790)
362 SC. (AG’s power to prosecute was not properly delegated to a private counsel.)

4. Delegation must be to an appropriate officer or authority: Delegated power can only be

invested in an appropriate officer or authority having the required status to exercise the power.

5. Delegate cannot be superior to his appointor: A delegate cannot be superior to his

appointor. In clear terms, a delegate cannot be in a stronger position than his appointor.

Delegatus non potest delegare

This simply means that a delegate cannot sub-delegate the power delegated to him. In other
words, a delegate, not being a principal or delegator, cannot delegate. See AG Bendel v AG
Federation supra.

However, exceptions exist against this general rule. Officials of state who act in delegate
positions like Ministers and Commissioners may sub-delegate the powers delegated to them by
their principals i.e. the President and Governors. Minor ministerial powers which do not involve
exercise of discretion such as signing of letters, may be sub-delegated. Similarly, administrative
or executive powers such as issuance of licences and permits are equally covered.

There are four functions which cannot be sub-delegated:

1. Duties which have to be performed personally.

2. Duties which involve exercise of discretion.

3. Judicial or quasi-judicial powers; and

4. Legislative or rule making powers.

Pros and Cons of Delegated Legislation

There is a controversy over the necessity or otherwise of Delegated Legislation. Arguments in

favour of Delegated Legislation include:

1. It reduces parliamentary workload (parliament, as a matter of fact, does not have all the time
and capacity required to deal with the volume of legislations required by a modern government
or state.)

2. It enables experts to legislate on technical matters.

3. It saves the time of parliament.

4. It saves cost for parliament.

5. It allows flexibility in administration: delegated legislation and delegation of power to

subordinates reduces the burden on the superiors, and allows for flexibility, adaptability, and
quick response.

6. It brings government nearer to the people: whose input and suggestions can be heard and
accommodated in the law making and enforcement process.

7. It creates room for the making of laws that conform to local needs.

8. It enables quick response to a state of emergency.

The criticisms against delegated legislation include:

1. It is contrary to the doctrine of separation of powers.

2. It reduces the supremacy of parliament: delegated legislation is a usurpation of the law making
power of the parliament.

3. It is undemocratic and prone to abuses.

4. It is a violation of the rule of law:

5. Control of delegated legislation is inadequate. Legislative and judicial controls over

administrative legislation are inadequate.

6. It encourages arbitrariness and dictatorship.

7. There is total lack of or insufficient consultation.

8. Inadequate publicity of delegated legislation.

9. Inadequate consideration of the impact of delegated legislation.

10. Administrative lawmakers have too much power and discretion.

11. Emergency regulations often infringe civil liberties.

Control of Delegated Legislation

It is improper to leave the delegate to exercise delegated power without checks. In constitutional
democracies, certain safety valves have been put in place to bring delegated power under control.

Legislative Control: The Parliament exercises control over delegated legislation through the
power to prescribe procedure and the power to debate, approve, reject, amend, expand and
review delegated legislation.

Executive Control: This is done by a higher authority in the Executive arm who may hire or
fire, revoke delegated power and mandate the subordinate to submit proposed action for
approval, modification or rejection.

Judicial Control: Every delegated legislation is subject to review by the courts.

CODE OF CONDUCT FOR PUBLIC OFFICERS

By S. 172 of the 1999 Constitution, any person working in the Public Service or Civil Service at
the Federal, State or Local Government levels is under compulsion to observe and conform to the
Code of Conduct as contained in Constitution. The Constitution contains the Code of Conduct
Bureau and Tribunal Act, which is enshrined in the Third Schedule thereto. The Act prohibits
and deals mainly with complaints of Corruption, Embezzlement and Abuse of office.

The idea to have a Code of Conduct for public officers was mooted under the military. It
appeared for the first time in the 1979 Constitution as a result of the recommendation of the
Constitution Drafting Committee with the aim of stemming corruption in government. Even
though a Code of Conduct Bureau had been in existence since the Second Republic, it was
formally set up by the Code of Conduct Bureau and Tribunal Decree No. 1 of 1989. In the
present dispensation, the operative statute is the Code of Conduct Bureau and Tribunal Act Cap.
C. 15 LFN 2004. Note that Code of Conduct is specifically targeted at public officers.

WHO IS A PUBLIC OFFICER?

Under the 1999 Constitution, the term, "public officer" refers to any person holding office in the
Public Service or Civil Service at the Federal, State or Local Government levels irrespective of
his position or rank. Thus, a public officer is any person who is directly employed in
government, public service, civil service or any public agency. See Ezemu v Okechukwu
(2002) 18 NWLR (Pt. 799) 348 SC.

The officers of government who fall within the term, “public officer” can be found in Part II of
the Fifth Schedule to the Constitution and the Second Schedule to the Code of Conduct Bureau
and Tribunal Act Cap .C 15, 2004. They are:

1. The President of the Federation.

2. The Vice-President of the Federation.

3. The President and Deputy President of the Senate, Speakers and Deputy Speakers of the
House of representatives and of the Houses of Assembly of states, and all members and staff of
Legislative Houses.

4. Governors and Deputy Governors of States.

5. Chief Justice of Nigeria, Justices of the Supreme Court, President and Justices of the Court of
Appeal, all other judicial officers and all staff of courts of law.

6. Attorney General of the Federation and Attorney General of each state.

7. Ministers of the Governments of the Federation and Commissioners of the Governments of the
States.

8. Chief of Defence Staff, Heads of the Army, Navy and Air Force and all members of the
Armed Forces of the Federation.

9. Inspector General of Police, Deputy Inspector General of Police and all members of the
Nigeria Police Force and other government security agencies established by law.

10. Secretary to the Government, Head of the Civil Service, Permanent Secretaries or Directors-
General and all other persons in the civil service of the Federation or of the States.

11. Ambassadors, High Commissioners and other officers of Nigerian Missions

abroad.

12. Chairmen and other members and staff of the Code of Conduct Bureau and Code of Conduct
Tribunal.

13. Chairmen and other members and staff of local government councils.
14. Chairmen and members of the Boards of other government bodies and staff of statutory
corporations and of companies in which the Federal or any State Government has controlling
interests.

15. All staff of universities, colleges and institutions owned and financed by the Federal of State
Governments or Local Government.

16. Chairmen and other members and staff of permanent commissions or councils appointed on
full time basis.

Code of Conduct Bureau and Tribunal

The Code of Conduct Bureau and Tribunal Act Cap. C. 15 LFN 2004 provides for the
establishment of the Code of Conduct Bureau and Tribunal to tackle complaints of corruption in
government operations. Note that there are two bodies established by this Act: the Code of
Conduct Bureau and the Code of Conduct Tribunal.

S. 1(1) of the Act provides for the establishment of the Code of Conduct Bureau while
Subsection 2 thereof provides that the Bureau shall consist of a Chairman and ten other members
who shall be persons of unimpeachable integrity in the Nigerian society.

The aims and objectives of the Bureau, contained in S. 2, are to establish and maintain a high
standard of morality in the conduct of Government business and to ensure that the actions and
behaviour of public officers conform to the highest standards of public morality and
accountability.

By section 3 of the Act, the functions of the Code of Conduct Bureau shall be to:

(a) receive assets declarations by public officers in accordance with the provisions of the Act;

(b) examine the assets declarations and ensure that they comply with the requirements of the Act
and of any law for the time being in force:

(c) take and retain custody of such assets declarations; and

(d) receive complaints about non-compliance with, or breach of the Act and where the bureau
considers it necessary to do so, refer such complaints to the Code of Conduct Tribunal
established by S. 20 of this Act and doing so in accordance with the provisions of Ss. 20 to 25 of
the Act provided that where the person concerned makes a written admission of such breach or
of non-compliance, no reference to the Tribunal shall be necessary.

S. 5 of the Act stipulates that a public officer shall not put himself in a position where his
personal interest conflicts with his duties and responsibilities.
S. 20 of the Act established the Code of Conduct Tribunal while S. 23(1) donates power to the
Tribunal to punish offenders. Where the Tribunal finds a public officer guilty of contravening
any of the provisions of the Act, it shall impose upon the officer any of the punishments as
specified below under S. 23(2) of the Act:

(a) Vacation of the office or any elective or nominated office, as the case may be;

(b) Disqualification from holding any public office (whether elective or not) for a period not
exceeding ten years; and

(c) Seizure and forfeiture to the State of any property acquired in abuse or corruption of office.

Subsection 3 however prescribes that such punishments shall be without prejudice to the
penalties that may be imposed by any law, where the breach of conduct is also a criminal offence
under the Criminal Code, or any other enactment, or law.

Note that appeals against decisions of the Tribunal shall lie as of right to the Court of Appeal.
See Subsection 4. Note also that constitutional provisions relating to prerogative of mercy shall
not apply to any punishment imposed by the Tribunal.