USA Africa Dialogue Series - STAR INFORMATION: Sections of the Constitution that Have Met the Requirements For Approval by States Voting Yes.....

 

 

 SECTIONS OF THE CONSTITUTION THAT HAVE MET THE REQUIREMENTS OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 FOR AMENDMENT

 

S/NO	SECTIONS	MARGINAL NOTES	STATES THAT VOTED YES
1.	Section 66 (1) (h)	Disqualification for indictment by Judicial or Administrative Panel of Enquiry.	Abia, Adamawa, Akwa-Ibom, Anambra, Bauchi, Bayelsa, Borno,, Cross River, Delta, Ebonyi, Edo, Ekiti, Enugu, Imo, Jigawa, Kaduna, Katsina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe, Zamfara.
2.	Section 69 (a)	Recall - (Senate & House of Representatives) Verification of signature by INEC.	All the 36 States.
3.	Section 75	Ascertainment of Population.	All the 36 States.
4.	Section  76(1) & (2)	Time of election to National Assembly: in accordance with the electoral Act & Limit of time within which election shall be held before the House stands dissolved.	All the States except Bauchi State.
5.	Section 81	Authorization of Expenditure from Consolidated Revenue Fund (First Line Charge for INEC, National Assembly and Judiciary).	(a)     Abia, Anambra, Bayelsa, Benue, Borno, Ebonyi, Ekiti, Enugu, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ondo, Ogun, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe, & Zamfara. (b)   Abia, Anambra, Benue, Borno, Ebonyi, Ekiti, Enugu, Imo. Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Lagos, Nasarawa, Niger, Ogun, Osun, Oyo, Plateau, Sokoto, Taraba, Yobe & Zamfara (c)    Abia, Anambra, Bayelsa, Benue, Borno, Ebonyi, Ekiti, Enugu, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe, & Zamfara.
6.	Section 84	Remuneration, etc of the president and certain other officers – Recurrent expenditure of INEC to be a charge upon the Consolidated Revenue Fund (First Line Charge).	All the states except Bauchi state.
7.	Section 107(1)(h)	Disqualification from election to a House of Assembly for Indictment – Removal of disqualification for indictment by Judicial Commission of inquiry, administrative panel of Inquiry or a Tribunal of Inquiry set up under the Tribunal of inquiry Act, law or any other law by the Federal or State Governments for embezzlement or fraud.	Abia, Akwa-Ibom, Anambra, Borno, Cross River, Edo, Ekiti, Enugu, Imo, Jigawa, Kaduna, Katsina, Kebbi, Kogi, Nasarawa, Niger, Ogun, Osun, Oyo, Plateau, Sokoto, Taraba, Yobe & Zamfara.
8.	Section 110 (a)	Recall - (House of Assembly Member) Verification of signature by INEC.	All the States except Bayelsa state
9.	Section 116 (1) &(2)	(1)    Time of election to House of Assembly – In accordance with the        Electoral Act (2)   Election to hold a date not earlier than one hundred and fifty days and not later than ninety days before the date on which the House stands dissolved and not more than ninety days before and not later than thirty days in case of filling a vacancy.	All the states except Bauchi state
10.	Section 121 (3) (a)&(b)	Authorization of Expenditure from Consolidated Revenue Fund for State Houses of Assembly & Judiciary – Amounts standing to the credit of House of Assembly or the Judiciary of a state shall be paid directly.	Abia, Anambra, Benue, Borno, Ekiti, Enugu, Imo, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Lagos, Nasarawa, Niger, Ogun, Osun, Oyo, Plateau, Sokoto, Taraba, Yobe & Zamfara.
11.	Section 132(1) & (2)	(1)    Date of Election – Election to be held in accordance with the Electoral Act. (2)   Election of the President: general – Election to hold a date not earlier than One Hundred and fifty days and not later than One hundred and twenty days before the expiration of term of office.	All the states except Bauchi state.
12.	Section 135 (2)	Tenure of office of President -  In the event of re-run election, the time spend in the office before the date the election was annulled, shall be taken into account.	All the states except Bauchi state.
13.	Section 137	Disqualification from Election to the office of the President for Indictment – Removal of disqualification for indictment by Judicial Commission of inquiry, administrative panel of Inquiry or a Tribunal of Inquiry set up under the Tribunal of inquiry Act, law or any other law by the Federal or State Governments for embezzlement or fraud.	Abia, Adamawa, Akwa-Ibom, Anambra, Borno, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna, Katsina, Kebbi, Kogi, Nasarawa, Niger, Ogun, Osun, Oyo, Plateau, Sokoto, Taraba, Yobe & Zamfara.
14.	Section 145	Acting President during temporary absence of President -  In the event of the afore mention in Subsection (1) within 21 days, the National Assembly shall by a resolution by simple majority of each House mandate the Vice President to perform the functions of the office of the President	All the states except Bauchi & Gombe states.
15.	Section 156 (a)	Qualification of membership of INEC - Membership of INEC; shall not be a member of a political party.	All the 36 states.
16.	Section 160 (1)	Powers and Procedure – INEC powers and procedure shall not subject to approval or control of the President.	All the 36 states.
17.	Section 178 (1) &(2)	(1)    Time of election – In accordance with the Electoral Act. (2)   Election of the Governor – Election to hold a date not earlier than one hundred and fifty days and not later than ninety days before the expiration of term of office.	All the states except Bauchi state.
18.	Section 180 (2)	Tenure of office of Governor – In the event of the afore mention in Subsection (1) and a re-run election conducted, the time spent in office before the date the election was annulled, shall be taken into account.	All the states except Bauchi state.
19	Section 182 (1) (i)	Disqualification from Election to the office of Governor – Removal of disqualification for indictment by Judicial Commission of inquiry, administrative panel of Inquiry or a Tribunal of Inquiry set up under the Tribunal of inquiry Act, law or any other law by the Federal or State Governments for embezzlement or fraud.	Abia, Adamawa, Anambra, Borno, Cross River, Edo, Ekiti, Enugu, Imo, Jigawa, Kaduna, Katsina, Kebbi, Kogi, Lagos, Nasarawa, Niger, Ogun, Osun, Oyo, Plateau, Sokoto, Taraba, Yobe & Zamfara.
20.	Section 190	Acting Governor during temporary absence of Governor - In the event of the afore mention in Subsection (1) within 21 days, the House of Assembly shall by a resolution by simple majority mandate the Deputy Governor as Acting Governor to resume  his functions as Governor.	All the states except Bauchi, Ebonyi & Gombe states.
21.	Section 200 (a)	Qualification for Membership of State INEC – Member shall not be required to belong to a political party.	All the states except Bauchi state.
22.	Section 228 (a) & (b)	Powers of National Assembly with respect to Political Parties – The powers of the National Assembly to make laws or Confer same on INEC to ensure that political parties observe the practice of internal democracy.	Abia, Adamawa Anambra, Benue, Borno, Cross River, Ekiti, Enugu, Imo, Kaduna, Kano, Katsina, Kebbi, Kogi, Nasarawa, Niger, Ogun, Osun, Oyo, Plateau, Sokoto, Taraba, Yobe & Zamfara.
23.	Section 229	Interpretation -	All the states except Bauchi, Enugu & Osun states
24.	Section 233(2)	Appellate Jurisdiction- Appeal on the elections of Governor and Deputy Governor to be heard in the Supreme Court as in the case of the President and Vice President	All the states except Bauchi & Edo states.
25.	Section 239 (a)(b)(c)	Court of original jurisdiction – Appeal court to hear election petitions for President, Vice President, Governor and Deputy Governor.	All the states except Adamawa, Bauchi & Edo states.
26.	Section 246 (1)(b) & (3)	(1)   (b)  Election Tribunals for state Houses of Assembly and National Assembly – Renamed as National & State Houses of Assembly Election Tribunals. (3)Interlocutory application may be      decided during the delivery of judgment.	All the states except Bauchi, Cross River, Edo & Kano  states.
27.	Section 251 (4)	Jurisdiction – The Federal High Court to determine whether the term of office or seat of a member of Senate or House of Reps has ceased or become vacant	Abia, Adamawa, Anambra, Benue, Borno, Cross River, Ekiti, Enugu, Imo, Jigawa, Kaduna, Katsina, Kebbi, Kogi, Lagos, Nasarawa, Niger, Ogun, Osun, Oyo, Plateau, Sokoto, Taraba, Yobe & Zamfara.
28.	Section 272 (3)	Jurisdiction: general – The Federal High Court subject to provision of Section 251 to determine whether the term of office of a member of House of Assembly of a state, Governor or Deputy Governor has ceased or become vacant.	Abia, Adamawa, Anambra, Benue, Borno, Cross River, Ekiti, Enugu, Imo, Jigawa, Kaduna, Katsina, Kebbi, Kogi, Lagos, Nasarawa, Niger, Ogun,  Oyo, Plateau, Sokoto, Taraba, Yobe & Zamfara.
29.	Section 285 (1)(2)(3)(4) & (5)	Establishment & Jurisdiction of election tribunals – (1)     Election tribunals in the States of the Federation and Federal Capital Territory to determine the validity of election of National or State Assembly member. (2)     Name of election tribunal consolidated in Subsection (1). (3)     Composition of the National and State House of Assembly tribunals as set out sixth schedule. (4)     Quorum of Election Tribunal – Chairman and one member (5)     (a) & (b) Election petition to be filed within twenty one days and judgment delivered in writing within one hundred and eighty days from the date of filing the petition. (5)(c) & (d) Appeals from tribunal to be disposed within sixty days from the      date of delivery and adopt the practice of first given its decision and reserving the reasons thereafter to a later date.	All the states except Bauchi, Edo & Lagos states
30.	Schedules	Second Schedule Part I – Exclusive Legislative List – Formation and regulation of Political Parties   Third Schedule Part I: Paragraph 14 (1 & 2) – Composition and Qualification of Chairman and members of INEC,  Paragraph  15 – Powers of INEC Sixth Schedule Paragraph 1 (1), (2) & (3) – Composition, Qualification and appointment of Chairman and members of National and State Houses of Assembly Election Tribunals.	All the states except Bauchi, Borno & Jigawa  states     All the states except Bauchi State       All the states except Bauchi, Borno & Edo states

 

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