STATE GOVERNMENT (BASIC CONSTITUTIONAL AND TRANSITION PROVISIONS) ACT

(1) There shall be 30 States in Nigeria, that is to say, Abia, Adamawa, Akwa Ibom Anambra, Bauchi, Benue, Borne, Cross River, Delta, Edo, Enugu, Imo, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kwara, Kogi, Lagos, Niger, Ogun, Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, and Yobe.
(2) Each State of Nigeria named in subsection (1) of this section shall consist of the Local Government Areas specified in the Schedule to the (Creation and Transitional Provisions) Act (No.2) 1991.
(3) The headquarters of the Government of each State shall be as specified in the Schedule to the States (Creation and Transitional Provisions) (No.2) Act 1991.
(4) There shall be 589 Local Government Areas in Nigeria as specified in the Schedule to the States (Creation and Transitional Provisions) (No.2) Act 1991.
(5) The Federal Capital Territory, Abuja shall be the capital of Nigeria as from the 12th day of December, 1991.
(6) The area of the Federal Capital Territory, Abuja shall be as defined in a Act to be promulgated by the Government of the Federation.

(1) There shall be a House of Assembly for each of the States of the Federation.
(2) The legislative powers of each of the States of the Federation shall be vested in the House of Assembly of the State.

Subject to the provisions of this Act, the House of Assembly of a State shall consist of two times the total number of members which that State has in the House of Representatives, and the members of the House of Assembly shall be elected to serve on a part-time basis only in accordance with the provisions of this Act.

(1) There shall be a Speaker and a Deputy Speaker for every State's House of Assembly who shall be selected by a single majority of the members of the House from among themselves.
(2) The Speaker or Deputy Speaker of the House of Assembly shall vacate his office-
(a) if he ceases to be a member of the House of Assembly otherwise than by reason of the dissolution of the House ;
(b) when the House of which he was a member first sits after any dissolution of the House; or
(c) if he is removed from office by a resolution of the House of Assembly by the votes of not less than two-thirds majority of all the members of the House.

There shall be a Clerk for every State's House of Assembly and such other staff as may be prescribed by a Law enacted by the House of Assembly, and the method of appointment of the Clerk and other staff of the House shall be as prescribed by that Law.

(1) Every person elected to a House of Assembly shall, before taking his seat, declare his assets and liabilities in accordance with the Code of Conduct and subsequently take and subscribe before the Speaker of the House, the Oath of Allegiance and the Oath of Membership but a member may before taking the Oaths take part in the election of the Speaker and the Deputy Speaker of the House of Assembly.
(2) The Speaker and Deputy Speaker of a House of Assembly shall declare their assets and liabilities in the manner prescribed by this Act and subsequently take and subscribe to the Oath of Allegiance and the Oath of Membership as aforesaid before the Clerk of the House of Assembly.

(1) At any sitting of a House of Assembly, the Speaker of the House shall preside, and, in his absence the Deputy Speaker shall preside.
(2) In the absence of the Speaker and the Deputy Speaker of the House, such member of the House as the House may by a simple majority elect for that purpose shall preside.

The quorum of a House of Assembly shall be one-half of all the members of the House.

The business of a House of Assembly shall be conducted in English, but the House may in addition to English conduct its business in one or more other languages spoken in the State as the House may by resolution approve.

(1)
Except as otherwise provided by this Act, any question proposed for decision in a House of Assembly shall be determined by the required majority of the members present and voting ; and the person presiding shall cast a vote whenever necessary to avoid an equality of votes, but shall not vote in any other case.
(2) Except as otherwise provided by this Act, the required majority for the purpose of determining any question shall be a simple majority.
(3) A House of Assembly shall by its rules provide-
(a) that a member of the House shall declare any direct pecuniary interest he may have in any matter coming before the House for deliberation;
(b) that the House may by resolution decide whether or not such member may vote, or participate in its deliberations, on such matter ;
(c) the penalty, if any, which the House may impose for failure to declare any direct pecuniary interest such member may have; and
(d) for such other matters pertaining to the foregoing as the House may think necessary, but nothing in this subsection shall enable any rules to be made to require any member, who signifies his intentions not to vote on or participate in such matter and who does not so vote or participate to declare any such interest.

Any person who sits or votes in a House of Assembly of a State knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of an offence and shall upon conviction be liable to such punishment as shall be prescribed by Law of the House of Assembly of the State.

(1) The power of the House of Assembly of a State to make laws shall be exercised by bills passed by the House of Assembly and, except as otherwise provided by this section, assented to by the Governor of the State.
(2) A bill shall not become Law unless it has been duly passsed and subject to subsection (1) of this section, assented to in accordance with the provisions of this section.
(3) Where a bill has been passed by the House of Assembly it shall be presented to the Governor for assent.
(4) Where a bill is presented to the Governor for assent, he shall within 30 days thereof signify that he assents or that he withholds assent.
(5) Where the Governor withholds assent and the bill is again passed by the House of Assembly by two-thirds majority, the bill shall become Law and the assent of the Governor shall not be required.

Subject to the provisions of this Act, a House of Assembly shall have power to regulate its own procedure, including the procedure for summoning and recess of the House.

(1) A House of Assembly may appoint a committee of its members for any special or general purpose as in its opinion would be better regulated and managed by means of such a commitee, and may by resolution, regulation or otherwise as it thinks fit, delegate any functions exercised by it to any such committee .
(2) The number of members of a committee appointed under this section, their terms of office and quorum shall be fixed by the House of Assembly.
(3) Nothing in this section shall be construed as authorising a House of Assembly to delegate to a committee the power to decide whether a bill shall be passed into Law or to determine any matter which it is empowered to determine by resolution under the provisions of this Decree, but such a committee of the House may be authorised to make recommendations to the House on any such matter.

A House of Assembly shall sit for a period of not less than 161 days and not more than 181 days in a year.

(1) A House of Assembly shall stand dissolved at the expiration of a period of 4 years commencing from the date of the first sitting of the House·
(2)
Subject to the provisions of this Act, the person elected as the Governor of a State shall have power to issue a proclamation for the holding of the first session of the House of Assembly of the State concerned immediately after his being sworn in or for its dissolution as provided in this section.

Subject to the provisions of section 18 of this Act, a person shall be qualified for election as a member of a House of Assembly if-(a) he is a citizen of Nigeria ;
(b) he has attained the age of 25 years;
(c) he has been educated up to at least the School Certificate Level or its equivalent ;
(d) he is a registered voter in Nigeria; and
(e) he is sponsored by a registered political party in Nigeria.

(1) No person shall be qualified for election to a House of Assembly if-
(a) 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;
(b) under any law in force in any part of Nigeria, he is adjudged to be a lunatic or otherwise medically certified to be of unsound mind ;
(c) he is under a sentence of death imposed on him by any court of law or tribunal in Nigeria or a sentence of imprisonment for an offence involving dishonesty (by whatever name called) imposed on him by such a court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal ;
(d) he has been convicted and sentenced by a court of law or tribunal established by Law for an offence involving dishonesty or he has been found guilty of a contravention of the Code of Conduct, whether pardoned or not ;
(e) he has been convicted and sentenced by a court or tribunal established by law for an offence involving electoral malpractices;
(f) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt, under any law in force in any part of Nigeria ;
(g) he is a person employed in the public service of the Federation or of any State, or is a public officer as defined under the Code of Conduct
(h) he is a member of any secret society (by whatever name called or known) ;or
(i) he is a person banned or disqualified from participating in politics, primaries and elections in accordance with the Participation in Politics and Elections (Prohibition) Act, as amended.
(2) Where in respect of any person who has been adjudged to be a lunatic, declared to be of unsound mind, sentenced to death or imprisonment or adjudged or declared bankrupt, any appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria,
sub-section (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier; and for the purposes of this subsection, an "appeal" includes any application for an injuction or an order of certiorari, mandamus, prohibition or habeas corpus,or any appeal from any such application.

(1)
The Governor of a State shall address annually a meeting of the House of Assembly of the State on the State of affairs of the State.
(2) The Governor of a State may attend a meeting of the House of Assembly of the State either to deliver an address on State affairs or to make such statement on the policy of government as he may consider to be of importance to the state.
(3) A Commissioner of the Government of a State shall attend the House of Assembly of the State if invited to explain to the House the conduct of his Ministry, and in particular, when the affairs of that Ministry are under discussion.
(4) Nothing in this section shall enable any person who is not a member of a House of Assembly to vote in that House or in any of its committees.

(1) A member of a House of Assembly shall vacate his seat in the House if-
(a) he becomes a member of another legislative house ;
(b) any other circumstances arise that, if he were not a member of that House, would cause him to be disqualified for election as such a member ;
(c) he ceases to be a citizen of Nigeria ;
(d) he becomes President, Vice-President, Governor, Deputy Governor or a Minister of the Government of the Federation or a Commissioner of the Government of another State, Chairman, Vice Chairman or Councilor of a Local Government.
(e)
save as otherwise provided by this Act, he becomes a member of a Commission or other body established by this Act or any other law ;
(f) without just cause, he is absent from sittings of the House of Assembly for a period amounting in the aggregate to more than one-sixth of the total number of days during which the House sits in anyone year ;
(g) being a person whose election to the House of Assembly was sponsored by one political party, he resigns from that political party or he becomes a member of the other political party before the expiration of the period for which that House was elected;
(h) he becomes a member of a secret society; or
(i) the Speaker of the House of Assembly receives a certificate under the hand of the Chairman of the National Electoral Commission stating that the provisions of section 22 of this Decree have been complied within respect of the recall of that member.
(2) The Speaker of the House of Assembly shall give effect to subsection (1) of this section, so however that the Speaker or a member shall first present evidence satisfactory to the House that any of the provisions of that subsection has become applicable in respect of that member.
(3) A member of a House of Assembly shall be deemed to be absent without just cause from a sitting of the House of Assembly unless the person presiding certifies in writing that he is satisfied that the absence of the member from the meeting was for a just cause or was excusable.

(1) A member of the House of Assembly shall receive sitting allowance and such other allowances as the National Revenue Mobilisation Allocation and Fiscal Commission may recommend.
(2) A member of the House of Assembly shall be paid for only the number of days he sits.

A member of the House of Assembly may be recalled as such a member if-(a) there is presented to the Chairman of the 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 alleglng their loss of confidence in that member ; and
(b)
...the petition is thereafter in a referendum conducted by the National Electoral Commission, within 90 days of the date of the receipt of the petition, approved by a simple majority of the votes of the persons registered to vote in that member's constituency.

(1) Subject to the provisions of subsection (2) of this section, the National Electoral Commission shall divide every State in the Federation into such number of State constituencies as is equal to two times the number of Federal constituencies within that State.
(2) Each State constituency shall be such that the number of inhabitant thereof is a nearly equal to the population quota as is reasonably practicable.

(1)
The Independent National Electoral Commission shall review the division of every State into constituencies at intervals of not less than 10 years, and may alter such constituencies in accordance with the provisions of this section to such extent as it may consider desirable in the light of the review.
(2)
The Independent National Electoral Commission may at any time carry out a review of the constituencies in accordance with the provisions of this section to the extent as it considers necessary in consequence of any alteration of the boundaries of the State or by reason of the holding of a census of the population of Nigeria in pursuance of an Act of the National Assembly or a Act or in consequence of any amendment to section 1 of this Act or any provisions replacing that section.
(3) Where the boundaries of any State constituency established under section 23 of this Act, are altered in accordance with the provisions of section 24 of this Act, that alteration shall come into effect after it has been approved by each House of the National Assembly and after the current House of Assembly of the State.

(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 (1) of this section shall not be earlier than 60 days before and not later than the date on which the House of Assembly stands dissolved, or where the election is to fill a vacancy occuring more than 90 days before such date, not later than 30 days after the vacancy occurred.

Subject to the provisions of this Act, every State constituency established in accordance with the provisions of this Part of this Act shall return one member who shall be directly elected to a House of Assembly as may be precsribed by an Act or an Act of the National Assembly.

(1) A person shall be eligible to vote in the elections to the House of Assembly and to the office of Governor if he is a citizen of Nigeria and has attained the age of eighteen years and has been registered to vote.
(2) Notwithstanding the provisions of subsection (1) of this section, the following persons shall not be eligible to vote at an election, that is-
(a) the Chairman and members of the Independent National Electoral Commission ;
(b) the Secretary to the Commission ;
(c) the Resident Electoral Commissioners;
(d) the Electoral Officers and Assistant Electoral Officers ;
(e) Returning Officers and Asssistant Returning Officers for each Ward Constituency ;
(f) the Presiding Officer of each Polling Station ; and
(g) all members of staff of the Independent National Electoral Commission.

The procedure to be adopted at the elections shall be as set out in Schedule 5 to this Act.

The registration of voters and the conduct of elections shall be subject to the direction and supervision of the Independent National Electoral Commission.

A Candidate for election to the House of Assembly shall be deemed to have been duly elected where-(a) at the close of nomination, he remains the only candidate validly nominated.
(b)
he has majority of votes at the election.

(1) The Legislative powers of a State of the Federation shall be vested in the House of Assembly of the State.
(2) The House of Assembly of a State shall have power to make laws for the peace, order and good government of the State or any part there of with respect to the following .matters, that is-
(a)
any matter not included in the Exclusive Legislative List set out in Part I of the Second Schedule to the Constitution of the Federal Republic of Nigeria 1999,as amended;
(b) any matter included in the Concurrent Legislative List set out in Schedule 1 to this Act to the extent prescribed therein ; and
(c) any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Act.
(3) If any law enacted by the House of Assembly of a State is inconsistent with any Act or with any Act made to cover the field, the Act shall prevail and the law made by the House of Assembly of the State shall to the extent of the inconsistency be void.

(1) There shall be for each State of the Federation a Governor.
(2) The Governor of a State shall be the Chief Executive of the State.

A person shall be qualified for election to the office of Governor if-(a) he is a citizen of Nigeria by birth ;
(b) he has attained the age of 30 years ;
(c) he is a registered voter in Nigeria ;
(d) he is sponsored by a registered political party in Nigeria; and
(e) he has been educated up to at least School Certificate level or its equivalent.

(1) No person shall be qualified for election to the office of Governor if-
(a) 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 country.
(b) under the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise medically certified to be of unsound mind ;
(c) he is under a sentence of death imposed by any competent court of law or tribunal or a sentence of imprisonment for any offence involving dishonesty (by whatever name called) or any narcotics related offence imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal
(d) he has been convicted and sentenced by a court of law or tribunal established by law in Nigeria or any other country for an offence involving dishonesty (by whatever name called) or any narcotics related offence or he has been found guilty of the contravention of the Code of Conduct (whether pardoned or not) ;
(e) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Nigeria or any other country ;
(f) he is a person employed in the public service of the Federation or of any State or is a public officer as defined under the Code of Conduct;
(g) he is a person banned or disqualified from participating in politics, primaries and elections in accordance with the Participation in Politics and Elections (Prohibition) Act, as amended and the Participation in Politics and Election (Misellaneous Provisions) Act 1991.
(h) he is a member of any secret society (by whatever name called or known); or
(i) he has been elected to such office at any two previous elections.
(2)
Where in respect of any person who has been adjudged to be a lunatic declared to be of unsound mind, sentenced to death or imprisonment, or adjudged bankrupt, any appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria or in any other country, subsection (1) of this section shall not apply during a period beginning from the date when the appeal is lodged and ending on the date when the appeal lapses or is abandoned, whichever is earlier ; and for the purposes of this subsection, an "appeal" includes any application for an injunction or an order of certiorari, mandamus, prohibition or habeas corpus, or any appeal from any such application.

(1) An election to the office of Governor shall be held on a date to be appointed by the Independent National Electoral Commission.
(2) Where in an election to the office of Governor-
(a) at the close of nomination only one candidate has been nominated, the Independent National Electoral Commission shall extend the time for nomination; or
(b) at the close of nomination one of the two candidates nominated for the election is the only candidate by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidate, or by order of a court, the Independent National Electoral Commission shall extend the time for nomination, so however that where after the extension only one candidate remains validly nominated there shall be no further extension and section 36 of this Act shall thereupon apply.
(3) For the purpose of an election under this Act, the constituency for the Governorship election shall be the entire State while the constituency for the House of Assembly of a State shall be the State Constituency.
(4) Every person who is registered to vote at an election of a member of a legislative house shall be entitled to vote at an election to the office of Governor.

A candidate for an election to the office of Governor or membership of the House of Assembly of a State shall be deemed to have been duly elected to such office or membership where, at the close of nomination he remains the only candidate validly nominated.

(1) A candidate for an election to the office of Governor of a State shall be deemed to have been duly elected where, there being two candidates
(a) he has a majority of the votes at the election; and
(b) he has not less than one third of all vote in each of at least two-thirds of all the Local Government Areas in the State.
(2) In default of a candidate being duly elected under section 35 or 36 of this Act, the Independent National Electoral Commission shall within 7 days of the result of the election constitute an electoral college consisting of all members of the House of Assembly of the State and Local Government Councils in the State sitting and voting together in the House of Assembly and a candidate shall be deemed to have been duly elected to the office of Governor if he has a simple majority of the votes of all the members of the House of Assembly and the Local Government Councils present and voting.
(3) In the event of an equality of votes following an election by the electoral college under subsection (2) of this section, another or further elections shall be conducted by the electoral college until the emergence of a candidate elected as provided in subsection (2) of this section.

For the purposes of this Act where the computation of two-thirds of all the Local Government Areas of the State or one-half of the votes cast, as the case may be, results in a fraction, the figure obtained shall be rounded up to the next higher whole number.

(1)
Subject to the provisions of this Act, a person shall hold the office of the Governor until-
(a) when his successor in the office takes the Oath of that office ;
(b) he dies whilst holding office;
(c) the date when his resignation from office takes effect; or
(d) he otherwise Ceases to hold office in accordance with the provisions of this Act.
(2) Subject to the provisions of subsection (1) of this section, the Governor shall vacate his office at the expiration of a period of 4 years commencing from the date when-
(a) in the case of a person first elected as Governor under this Act, he took the Oath of Allegiance and the Oath of Office and
(b) the person last elected to that office took the Oath of Allegiance, and the Oath of Office or would, but for his death, have taken such Oath.

If a person duly elected as Governor dies before taking and suscribe in the Oath of Allegiance and Oath of Office, the person elected with him a Deputy Governor shall be sworn in as Governor and a new Deputy Governor shall be appointed.

A Governor shall not, during his tenure of office, hold any other executive office or paid employment in any capacity whatsoever.

A person elected to the office of Governor of a State shall not begin to peforrn the functions of that office until he has declared his assets and liabilities in accordance with the Code of Conduct and has subsequently taken and subscribed to the Oaths in Schedule 2 to this Act.

There shall be for each State of the Federation a Deputy Governor.

(1) In any election to which the foregoing provisions of this Part of this Act relate, a candidate for the office of Governor shall not be deemed to have been validly nominated for such office of Governor unless he nominates another candidate as his associate for his runing for the office of Governor, who is to occupy the office of Deputy Governor: and that candiate shall be deemed to have been duly elected to the office of Deputy Governor if the candidate who nominated him is duly elected as Governor in accordance with the laid provisions.
(2)
The provisions of this Part of this Act relating to qualification for election, tenure of office, disqualifications, declaration of assets and liabilities and Oaths of Governor shall apply in relation to the office of Deputy Governor as if references to Governor were references to Deputy Governor.

(1) The Governor or Deputy Governor of a State may be removed from office in accordance with the provisions of this section.
(2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the House of Assembly of a State-
(a) presented to the Speaker of the House of Assembly of the State ;
(b) stating that the holder of an office is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified, the Speaker of the House of Assembly shall within 7 days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the House of Assembly and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the House of Assembly.
(3) Within 14 days of the presentation of the notice to the Speaker of the House of Assembly (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice) the House of Assembly shall resolve by motion, without any debate whether or not the allegation shall be investigated.
(4) A motion of the House of Assembly that the allegation be investigated shall not be declared as having been passed unless it is supported by the votes of not less than two-thirds majority of all the members of the House of Assembly.
(5) Within 7 days of the passing of a motion under the foregoing provisions, the Chief Judge of the State at the request of the Speaker of the House of Assembly, shall appoint a Panel of 7 persons who in his opinion are of unquestionable integrity not being members of any public service, legislatives house or political party, to investigate the allegation as provided in this section.
(6) The holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person and be represented before the Panel by a legal practitioner of his own choice.
(7) A Panel appointed under this section shall-
(a) have such powers and exercise its function in accordance with such procedure as may be prescribed by the House of Assembly ; and
(b) within 3 months of its appointment, report its findings to the House of Assembly.
(8) Where the Panel reports to the House of Assembly the the allegation has not been proved, no further proceedings shall be taken in respect of the matter.
(9)
Where the report of the Panel is that the allegation against the holder of the office has been proved, then within 14 days of the receipt of the report, the House of Assembly shall consider the report, and if by a resolution of the House of Assembly supported by not less than two-thirds majority of all its members, the report of the Panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.
(10) No proceedings or determination of the Panel or of the House of Assembly or any matter relating thereto shall be entertained or questioned in any court.
(11) In this section, "gross misconduct" means a grave violation of the provisions of the Constitution of the Federal Republic of Nigeria, as amended or a misconduct of such nature as amounts in the declared opinion of a two-third majority of the House of Assembly to gross misconduct.

(1) The Governor or Deputy Governor shall cease to hold office if-
(a) by a resolution passed by two-thirds majority of all members of the Executive Council of the State it is declared that the Governor or Deputy Governor is incapable of discharging the functions of his office; and
(b) the declaration is verified, after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in its report to the Speaker of the House of Assembly.
(2) Where the medical panel certifies in such report that in its opinion the Governor or Deputy Governor is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the Speaker of the House of Assembly shall be published in the Gazette of the Government of the State.
(3)
The Governor or Deputy Governor shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.
(4) The medical panel to which this section relates shall be appointed, by the Speaker of the House of Assembly of the State, and shall comprise 5 medical practitioners in Nigeria-
(a) one of whom shall be the personal physician of the holder of the office concerned ; and
(b) four other medical practitioners who have, in the opinion of the Speaker of the House of Assembly, attained a high degree of eminence in the field of medicine relative to the nature of the examination to be conducted in accordance with the foregoing provisions.
(5) In this section, the reference to "Executive Council of the State" is a reference to the body of Commissioners of the Government of the State, however called, established by the Governor and charged with such responsibilities for the functions of government as the Governor may direct.

Whenever the Governor transmits to the Speaker of the House of Assembly a written declaration that he is proceeding on vacation or he is otherwise unable to discharge the functions of his office and until he transmits to him a written declaration to the contrary such functions shall be discharged by the Deputy Governor as Acting Governor.

(1) Subject to the provisions of this Act, the executive powers of a State-
(a)
shall be vested in the Governor of that State and may, subject as aforesaid and to the provisions of any law made by a House of Assembly, be exercised by him either directly or through the Deputy Governor or Commissioners of the Government of that State or other officers in the public service of the State ; and
(b) shall extend to the execution and maintenance of this Act, all laws made by the House of Assembly of that State and to all matters
with respect to which the House of Assembly has for the time being power to make laws; but such executive powers shall be so exercised as not to impede or prejudice the exercise of the executive powers of the Federation or to endanger assets or investments of the Government ot the Federation in that State or endanger the continuance of a federal system of government in Nigeria.
(2) The Deputy Governor of a State shall hold the office of Governor of his State if the office of Governor becomes vacant by reason of death, resignation or removal of Governor from office in accordance with section 45 or 46 of this Act.
(3) Where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of Deputy Governor of a State is also vacant, the Speaker of the House of Assembly of the State shall hold office during which there shall be an election of a new Governor of the State, who shall hold office as provided for in section 39 (1) of this Act.
(4) Where the office of Deputy Governor becomes vacant-
(a) by reason of death or resignation or removal in accordance with section 45 or 46 of this Act;
(b)
by his assumption of the office of Governor of a State in accordance with subsection (2) of this section ; or
(c) for any other reason, the Governor shall nominate and, with the approval of the House of Assembly of the State, appoint a new Deputy Governor.

(1) There shall be Commissioner of the Government of a State and the number of such Commissioners shall not exceed 6.
(2) Any appointment to the office of Commissioner of the Government of a State shall be made by the Governor after confirmation by the House of Assembly of the State.
(3) The composition of the Government of a State, a Local Government or any of the Councils of such Governments or their agencies shall be carried out in such manner as to recognise the diversity of the people within the area of authority and the need to promote a sense of belonging and loyalty among all the people in the Federation.
(4) Where a member of a House of Assembly or of a Local Government Council is appointed as Commissioner of the Government of a State, he shall be deemed to have resigned his membership of the House of Assembly or Local Government Council, as the case may be, on his taking Oath of Office as Commissioner.
(5) No person shall be appointed as Commissioner of the Government of a State unless he is qualified for election as a member of the House of Assembly of the State.

(1) The Governor shall assign to the Deputy Governor specific responsibility for any business of the Government of the State.
(2) The Government may in his discretion, assign to any Commissioner of the Government of the State responsibility for any business of the Government of the State, including the administration of any department of Government.
(3) The Governor shall hold regular meetings with the Deputy Governor and all Commissioners of the Government of the State for the purpose of :-
(a) determining the general direction of the policies of the Government of the State,
(b) co-ordinating the activities of the Governor, the Deputy Governor and the Commissioners of the Government of the State in the discharge of their executive responsibilities ; and
(c) advising the Governor generally in the discharge of his executive functions other than those functions with respect to which he is required by this Act to seek the advise or act on the recommendation of any other person or body.

A Commissioner of the Government of a State shall not enter upon the duties of his office unless he has declared his assets and liabilities as prescribed in this Act and has subsequently taken and subscribed the Oath of Allegiance and the Oath of Office prescribed in Schedule 2 to this Act .

(1) There shall be an Attorney-General for each State who shall be the Chief Law Officer and a Commissioner of the Government of that State.
(2) A person shall not be qualified to hold or perform the functions of the office of the Attorney-General of a State unless he is qualified to practise as a legal practitioner in Nigeria for a period of not less than 10 years.

In appointing Chairmen and members of boards and governing bodies of statutory corporations and companies in which the Government of a State has controlling shares or interest and of councils of universities, colleges and other institutions of higher learning, the Governor shall have regard to the provisions of Section 14(3) of the Constitution of the Federal Republic of Nigeria 1999.

The Governor and Deputy Governor, Commissioners and other public officers of the State shall abide by the Code of Conduct as provided by Code of Conduct Bureau and Tribunal Act.

(1) There shall be established for each State of the Federation the following bodies, namely-
(a) State Civil Service Commission ;
(b) State Council of Chiefs;
(c) State Judicial Service Commission; and
(d) State Local Government Service Commission.
(2) The composition and powers of each body established by sub-section (1) of this section are as set out in Schedule 5 to this Act.
(3) Within one year of assuming office, the Governor shall ensure the bodies established under subsection (1) of this section are constituted and made functional.

Except in the case of ex-officio members or where other provisions are made in this Act, the Chairman and members of any of the bodies so established shall, subject to the provisions of this Act, be appointed by the Governor of the State subject to confirmation by the House of Assembly of the State.

(1) A person who is a member of any of the bodies established by section 55 (1) of this Act shall, subject to the provisions of this Part, remain a member thereof-
(a) in the case of an ex-officio member, whilst he holds the office by virtue of which he is a member of the body ;
(b) in the case of a person who is a member otherwise than as an ex-officio member or otherwise than by virtue of his having previously held an office, for a period of 5 years from the date of his appointment.
(2) A member of any of the bodies shall cease to be a member if any circumstances arise that, if he were not a member of the body, would cause him to be disqualified for appointment as such a member.

(1) No person shall be qualified for appointment as a member of the bodies if-
(a) he is not qualified or if he is disqualified for election as a member of a House of Assembly ;
(b) he has been removed as a member of any of the bodies or as the holder of any other office on the ground of misconduct determined by a court of law, a tribunal established by law or pursuant to the recommendation of an administrative panel of inquiry.
(2) Any person employed in the public service of a State shall not be disqualified by reason of that fact for appointment as Chairman or member of all such bodies :
Provided that where such a person, not being an ex-officio member of the State Council of Chiefs, has been duly appointed, he shall on his appointment be deemed to have resigned or where appropriate withdrawn or retired from his former office as from the date of the appointment.
(3) No person shall be qualified for appointment to any of the bodies aforesaid, if having previously been appointed as a member otherwise than as an ex-officio member of that body, he has been re-appointed for a further term as a member of the same body.

(1) Save in the case of ex-officio Chairman and members whose removal is provided for elsewhere in this Act, any person holding any of the offices to which this section applies shall only be removed from that office by the Governor of that State acting on an address supported by two-thirds majority of the House of Assembly of the State 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.
(2) This section applies to the offices of the Chairman and members of the State Civil Service Commission, the State Judicial Service Commission and the State Local Government Service Commission.

In exercising its powers to make appointments or to exercise disciplinary control over persons, the State Civil Service Commission, the State Judicial Service Commission or the Local Government Service Commission shall not be subject to the direction or control of any other authority.

The quorum for a meeting of any of the bodies established by section 55 of this Act shall not be less than one-half of the total number of members of the body.

(1) Subject to subsection (2) of this section, any of the bodies may, with the approval of the Governor, by rules or otherwise regulate its own procedure or confer powers or impose duties on any officer or authority for the purpose of discharging its functions.
(2) In the exercise of any powers under subsection (1) of this section, any such body shall not confer powers or impose duties on any officer or authority of the Federation except with the approval of the President, Commander-in-Chief of the Armed Forces.

In this Part of this Act, unless the context otherwise requires-(a) any reference to "ex-officio member" shall be construed as a reference to a person who is a member by virtue of his holding or performing the functions of an office in the public service of a state ;
(b) "office" means an office in the public service of a State; and
(c) any reference to "member" of any of the bodies established by section 55 of this Act shall be construed as including a reference to the Chairman of that body

There shall be for each State a Civil Service.

Subject to the provisions of this Act, a State Civil Service Commission may, with the approval of the Governor and subject to such conditions as it may deem fit, delegate any of the powers conferred upon it by this Act to any of its members or to any officer in the civil service of the State.

(1)
Powers to appoint persons to hold or act in the offices to which this section applies and to remove persons so appointed from any such office shall vest in the Governor.
(2) The office to which this section applies are namely, the office of :
(a) Secretary to the Government of the State ;
(b) Director-General in a Ministry or Head of any Extra-Ministerial Department of Government of the State, howsoever designated ; and
(c) any office on the personal staff of the Governor.
(3) In exercising his powers of appointment under this section, the Governor shall have regard to the diversity of the people and the need to promote a sense of belonging and unity among the various peoples within 'the State.
(4) Any appointment made pursuant to the provisions of this section shall be at the pleasure of the Governor and shall cease when the Governor ceases to hold office.

A person in the public service of a State shall observe and conform to the Code of Conudct.

(1) Subject to the provisions of subsection (2) of this section, the right of a person in the public service of a State to receive pension or gratuity shall be regulated by law.
(2) Any benefit to which a person is entitled in accordance with or under such law as referred to in subsection (1) of this section shall not be withheld or altered to his disadvantage except to such extent as is permissible under any law, including the Code of Conduct.
(3) Pensions in respect of service in the public service of a State shall not be taxed.

(1) The Attorney-General of a State shall have power-
(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria other than a court-martial in respect of any offence created by or under any Law of the House of Assembly of the State;
(b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or person ; and
(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person.
(2) The powers conferred upon by the Attorney-General under subsection (1) of this section may be exercised by him in person or through officers of his department.
(3) In exercising his powers under this section, the Attorney-General shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.

(1) The Governor may-
(a) grant any person concerned with or convicted of any offence created by any Law of a State a pardon, either free or subject to lawful conditions ;
(b) grant to any person a respite, either for an indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence ;
(c) substitute a less severe form of punishment for any punishment imposed on that person for such an offence ; or
(d) remit the whole or any punishment imposed on that person for such an offence or of any penalty or forfeiture otherwise due to the State on account of such an offence.
(2) The powers of the Governor under subsection (1) of this section shall be exercised by him after consultation with such advisory body of the State on prerogative of mercy as may be established by the Law of the State.

(1) All revenues or other moneys raised or received by a State (not being revenues or other moneys payable under this Act or any Law of the House of Assembly of the State into any other public fund of the State established for a specific purpose) shall be paid into and form one Consolidated Revenue Fund of the State.
(2) No moneys shall be withdrawn from the Consolidated Revenue Fund of the State except to meet expenditure that is charged upon the Fund by this Act or where the Issue of those moneys has been authorised by an Appropriation Law, a Supplementary Appropriation Law passed in pursuance of section 72 of this Act.
(3) No moneys shall be withdrawn from any public fund of the State other than the Consolidated Revenue Fund of the State unless the issue of those moneys has been authorised by Law of the House of Assembly of the State.
(4) No moneys shall be withdrawn from the Consolidated Revenue Fund of the State or any other public fund of the State except as prescribed by the House of Assembly of the State.

(1) The Governor shall cause to be prepared and laid before the House of Assembly not later than 60 days before the expiration of each financial year estimates of the revenue and expenditure of the State for the following year.
(2) The heads of expenditure contained in the estimates, other than expenditure charged upon the Consolidated Revenue Fund of the State by this Act, shall be included in a bill to be known as an Appropriation Bill, providing for the issue from the Consolidated Revenue Fund of the State of the sums necessary to meet that expenditure and the appropriation of those sums for the purpose specified therein.
(3) If in respect of any financial year it is found -
(a) that the amount appropriated by the Appropriation Law for any purpose is sufficient ; or
(b) that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Law, a supplementary estimate showing the sums required shall be laid before the House of Assembly and the Heads of any such expenditure shall be included in a Supplementary Appropriation Bill.
(4) If the Appropriation Bill in respect of any financial year has not been passed into Law by the beginning of the financial year, the Governor may authorise the withdrawal of moneys from the Consolidated Revenue Fund of the State for the purpose of meeting expenditure necessary to carry on the services of the government for a period not exceeding 3 months or until the coming into operation of the Appropriation Law, whichever is the earlier:
Provided that the withdrawal in respect of any such period shall not exceed the amount authorised to be withdrawn from the Consolidated Revenue Fund of the State under the provisions of the Appropriation Law passed by the House of Assembly for the corresponding period in the immediately preceding financial year, being an amount proportionate to the total amount so authorised for the immediately preceding year.

(1) There shall be an Auditor-General for each State, who shall be appointed in accordance with the provisions of section 74 of this Act.
(2) The public accounts of a State and of all offices and courts of the State shall be audited by the Auditor-General of the State who shall submit his reports to the House of Assembly of the State concerned ; and for that purpose the Auditor-General or any person authorised by him in that behalf shall have access to all books, records, returns and other, document relating to these accounts.
(3) Nothing in subsection (2) of this section shall be construed as authorising the Auditor-General to audit the accounts or to appoint auditors for government statutory corporations, commissions, authorities, agencies, including all persons and bodies established by Law but the Auditor-General may -
(a) provide such bodies with-
(i) a list of auditors qualified to be appointed by them as external auditors, and from which the bodies shall appoint their external auditors, and
(ii) a guideline on the level of fees to be paid to external auditors ;
(b) comment on their annual accounts and auditor's reports thereon.
(4) The Auditor-General of a State and the Auditor-General of the Local Governments of a State shall within 90 days of receipt of the Accountant- General's Financial Statement and Annual Accounts of the Local Governments submit their reports to the House of Assembly of the State and the House shall cause the reports to be considered by a committee of the House responsible for public accounts.
(5) In the exercise of his functions under this Act, the Auditor- General of a State shall not be subject to the direction or control of any other authority or person.

(1) The Auditor-General of a State shall be appointed by the Governor of the State on the recommendation of the State Civil Service Commission subject to confirmation by the House of Assembly of the State.
(2) Power to appoint persons to act in the office of the Auditor-General shall vest in the Governor.
(3)
Except with the sanction of a resolution of the House of Assembly of a State, no person shall act in the office of the Auditor-General of the State for a period exceeding 6 months.

(1) A person holding the office of the Auditor-General under subsection (1) of section 74 of this Act shall be removed from office by the Governor of the State acting on an address supported by two thirds majority of the House of Assembly praying that he be so removed for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct.
(2) The Auditor-General shall not be removed from office before such retiring age as may be prescribed by law, save in accordance with the provisions of this section.

Notwithstanding the provisions of the Allocation of Revenue Federation Account, etc. Act, the Government of the Federation of Nigeria may issue directives to the Federal Minister of Finance or the Accountant- General of the Federation, as the case may be, not to pay in any year to any State any amount standing to the credit of that State in the Federation Account if-(a) any loan made to the State by the Government of the Federation at any time, has not been repaid after repayment has fallen due;
(b) any foreign loan is outstanding against the State for Which no adequate arrangement for payment has been made or after such repayment has fallen due ;
(c) the Government of the Federation has given guarantee for any State in respect of any foreign loan, contract or project, and the State in question has not repaid the loan or has not fulfilled its obligation under the contract or arrangement.

(1) Any directive given under section 76 of this section may be revoked only on the specific instruction of the President, Commander-in-chief of the Armed Forces.
(2) Any revocation under subsection (1) of this section shall be in writing and under the signature of the President, Commander-in-Chief of the Armed Forces.

The President, Commander-in-Chief of the Armed Forces may impose any adequate or necessary sanction (including the taking of disciplinary measures) on any officer in the civil service of the Federation if any unauthorised payment is made to any State contrary to the provisions of this Act.

As from the commencement of this Act, payment from the 1.5 per cent special fund for the development of mineral producing areas of Nigeria shall now be made directly to the Local Governments of such area.

(1) Subject to the provisions of this Act, a House of Assembly shall have power by resolution published in its journal or in the Gazette of the Government of the State, to direct or cause to be directed an inquiry or investigation into-
(a) any matter or thing with respect to which it has power to make laws" and
(b) the conduct of affairs of any person, authority, ministry or government department charged, or intended to be charged, with the duty of or responsibility for-
(i) executing or administering laws enacted by that House of Assembly and
(ii) disbursing or administering moneys appropriated or to be appropriated by such House.
(2) The powers conferred on the House of Assembly under the provisions of this section are exercisable only for the purpose of enabling the House-
(a) to make laws with respect to any matter within its legislative competence and to correct any defects in existing laws; and
(b) to prevent and expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.
(3) For the purposes of any investigation under subsection (1) of this section and subject to the provisions thereof, a House of Assembly or committee appointed in accordance with section 14 of this Act shall have power-
(a) to procure all such evidence, written or oral, direct or circumstantial as it may think necessary or desirable, and to examine all persons as witnesses whose evidence may be material or relevant to the subject matter;
(b) to require such evidence to be given on oath ;
(c) to summon any person in Nigeria to give evidence at any place or to produce any document or other thing in his possession or under his control, and to examine him as a witness and require him to produce any document or other thing in his possession or under his control, subject to all just exceptions; and
(d)
to issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so and does not explain such failure, refusal or neglect to the satisfaction of the House of Assembly or the committee, and to order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey the summons, and also to impose such fine as may be prescribed by law for any such failure, refusal or neglect; and any fine so imposed shall be recoverable in the same manner as a fine imposed by a court of law.
(4) A summons or warrant issued under this section may be served or executed by any member of the Nigeria Police Force or by any person authorised in that behalf by the Speaker of the House of Assembly of the State.

(1) The conduct of elections into the office of Governor or State House of Assembly of a State shall be under the direction and supervision of the Independent National Electoral Commission in accordance with the provisions of this Act and any other Act, regulations and guidelines.
(2) The Independent National Electoral Commission may designate such public buildings to be used as polling stations (including schools) as it may deem necessary in addition to the erection of polling shades wherever necessary.

A person shall be eligible to vote in any election to the office of the Governor or the House of Assembly of a State if-(a) he is a citizen of Nigeria ;
(b) he has attained the age of 18 years; and
(c) he is registered as a voter and has obtained a registration card to be presented at the polling station on the day of the election.

(1) A person shall not be qualified as a candidate to contest any Governorship or House of Assembly election unless-
(a)
he is a person not banned or prohibited from participating in Politics, primaries and elections in accordance with the Participation in Politic and Elections (Prohibition] Act, as amended.
(b) he produces evidence of tax payments as and when due for a period of three years immediately preceding the year of the elections or a valid evidence of exemption from the payment of all or any part of such tax :
Provided that it shall be the exclusive duty of the Independent National Electoral Commission to decide whether a person has paid his tax and such decision shall be final and binding ;
(c) he has been nominated by the prescribed number of registered voters in his constituency ;
(d) in the case of a person wishing to contest for the office of Governor of the State, he has made a deposit of N15,000 ; and
(e) in the case of a person wishing to contest for membership of the State House of Assembly, he has made a deposit of N5,000.
(2) Where a person seeking to contest as a candidate is involved in a case that may lead to his being banned or disqualified from participation in politics and the case is pending before a court or tribunal, he may stand as a candidate in the election pending the determination of the case but if he is found banned or disqualified by the court or tribunal, as the case may be, he shall withdraw from the election and if already elected, he shall cease to be a member of the State House of Assembly or Governor, as the case may be.

(1) Candidates and their parties shall campaign for the elections in conformity with the Transition to Civil Rule (Political Parties Registration and Activities) Act and in accordance with such rules and guidelines as may be determined, from time to time, by the Independent National Electoral Commission.
(2) A candidate or agent who contravenes the provisions of subsection (1) of this section shall be guilty of an offence under this Act and shall not only be disqualified to contest as a candidate for the election, but shall also be prosecuted in the appropriate court or tribunal.

Elections to the office of the Governor and for membership of House of Assembly shall be held on the same day throughout the Federation.

(1) Notwithstanding the provisions of the Constitution of the Federal Republic of Nigeria 1999 or any other law, no interim or interlocutory order or ruling, judgment or decision made by any court or tribunal before or after the commencement of this Act, in respect of any intra-party or inter-party dispute or any other matter before it, shall affect the date or time of the holding of any election, or the performance by the Independent National Electoral Commission of any of its functions under this Act.
(2)
Subject to subsection (1) of this section and sections 34, 35 and 36 of this Act, the court or tribunal, as the case may be, may continue with any proceeding before it after such election and make any decision as it may deem fit but where the court or tribunal finds that a candidate nominated or elected was not duly nominated or elected, the court or tribunal shall order a bye-election.

(1) Voting shall be carried out in one and the same day throughout the Federation.
(2) Voting shall be by open ballot.
(3) The rules of procedure to be adopted at the elections shall be as set out in Schedule 5 to this Act.

(1) There shall be established for each State one or more Election Tribunals to be known as the Governorship and Legislative Houses Election Tribunal which shall, to the exclusion of any court or tribunal, have original jurisdiction to hear and determine :
(a) petitions as to whether any person has been validly elected to the office of Governor or Deputy Governor or as a member of any Legislative House;
(b) subject to the provisions of subsection (10) of section 45 of this Act, any question as to whether the term of office of any person as Governor or Deputy Governor has ceased ; and
(c) any question as to whether the seat of a member in any Legislative House has become vacant.
(2) A Governorship and Legislative Houses Election Tribunal shall consist of a Chairman and 4 other members all of whom shall be persons of unquestionable integrity who have not been involved in party politics.
(3) The Chairman shall be a person who has held or is qualified to hold the office of a Justice of the Court of Appeal.
(4) Two of the members shall be persons who have held or are qualified to hold the office of a Judge of a High Court and the remaining two members shall be non-members of the legal profession.
(5) The Chairman and members shall be appointed by the President of the Court of Appeal.

No election into any Legislative House or the office of a Governor and no return to a Legislative House or Office of Governor shall be questioned except by a petition complaining of an undue election or undue return (hereinafter referred to as an "election petition") presented to the Governorship and Legislative Houses Election Tribunal.

(1) An election petition may be presented by one or more of the following persons :
(a) a person who voted at an election or who had a right so to vote; or
(b) a person claiming to have had a right to be elected or returned at the election.
(2) The person whose election or return is complained of is hereinafter referred to as the respondent, but if the petition complains of the conduct of an Electoral Officer, Presiding Officer or Returning Officer he shall for the purpose of this Act be deemed to be a respondent.

(1) An election may be questioned on the following grounds-
(a) that the person whose election was questioned was at the time of the election not qualified or was disqualified from being elected to the office of Governor or as a member of a Legislative House:
Provided that the power of the Chief Electoral Officer of the Federation or any officer delegated by him in that behalf as to the validity of nominations under paragraph 5 (3) of Schedule 5 to this Act shall not be ground for such election petition
(b) that the election was invalid by reason of corrupt practices or offences against this Act; or
(c) that the respondent was not duly elected by a majority of lawful votes at the election.
(2) An act or omission which is contrary to an instruction or direction of the Commission or of any officer appointed for the purpose of the election but which is not contrary to this Act shall not of itself be a ground upon which the election may be questioned :
Provided that nothing in paragraph (a) of subsection (1) of this section shall affect or invalidate any decision of the Independent National Electoral Commission or of the Transition to Civil Rule Tribunal that a person has been banned or disqualified pursuant to or under the Participation in Politics and Elections (Prohibition) Act, as amended.

(1) An election shall not be invalidated by reason of non-compliance with this Act if it appears to the court or tribunal that the election was conducted substantially in accordance with the principle of this Act and that non-compliance did not affect substantially the result of the election.
(2) An election shall not be liable to be questioned by reason of defect in the title, or want of title, of the person conducting the election or acting in the office giving the right to conduct the election.
(3) Where a court or tribunal finds that a candidate elected or nominated was not duely elected or nominated the court or tribunal shall order a by-election and no more.

(1) An appeal shall lie to the Court of Appeal from decisions of Governorship and Legislative Houses Election Tribunal on any question as to whether-
(a) any person has been validly elected to the office of Governor or Deputy Governor under this Act ;
(b) any person has been validly elected as a member of any Legislative House under this Act;
(c) the term of office of any such person has ceased or the seat of any such person has become vacant.
(2) The decision of the Court of Appeal in respect of an election petition shall be final.

If the Governorship and Legislative Houses Election Tribunal shall have determined that a candidate returned as elected was not duly elected or that the election was void, then if Notice of Appeal from such determination shall have been given within 30 days from the date of the said determination, the candidate returned as elected by the Independent National Electoral Commission shall notwithstanding the decision of the Election Tribunal be deemed to have been duly elected for the period until the determination of the Court of Appeal is given on such appeal or the appeal is abandoned.

Where a Governorship and Legislative Houses Election Tribunal or the Court of Appeal has nullified the election of the Governor of a State and has ordered a bye-election, the Speaker of the House of Assembly of the State shall hold the office of the Governor of that State from the date of such decision until the election of a Governor for that State.

The rules of procedure to be adopted for election petition arising out of the elections shall be as set out in Schedule 6 to this Act.

Any person affected by the Participation in Politics and Elections (Prohibition) Act, as amended, who sponsors any candidate or contributes to the funds of any candidate or political party is guilty of an offence and liable on conviction to a fine of N10,000 or to imprisonment for a term of 5 years or to both such fine and imprisonment ; and in addition, the candidate so sponsored or to whose funds such contribution was made shall be disqualified from contesting any election under this Act or any other elections during the transition period.

If any person to whom section 99 of this Act applies or who is for the time being under a duty to discharge any of the functions of such a person, is without reasonable cause, guilty of an act or omission in breach of his official duty, then he shall be liable on summary conviction to a fine of N5,000 or to imprisonment for 2 years or to both such fine and imprisonment.

Any person who, being a Presiding Officer or a Returning Officer at an election-(a) gives a certificate or a statement of result which is false in any material particular; or
(b) Perversely and without lawful authority refuses to deliver any statement of result relating to that election to the officer to whom it is required to be delivered;
(c) does anything that impedes or obstructs proper accreditation, counting, recording or obtaining of the correct result of that election is guilty of an offence and shall on conviction be liable to a fine of N5,000 or to imprisonment for 2 years or to both such fine and imprisonment.

(1) Any person to whom this section applies, who is for the time being under a duty to discharge any function relating to an election, and who without reasonable cause, before or during an election or at any time thereafter-
(a) fails to perform or discharge such duty; or
(b) performs such duty fraudulently, negligently, perversely or recklessly; or
(c) does any act or omission in breach of such duty, is guilty of an offence and liable on conviction to a fine of N5,000 or to imprisonment for 2 years or to both such fine and imprisonment.
(2) The person to whom this section applies are-
(a) police officers, members of the State Security Service, officials and members of staff of the Commission, polling agents or any other officer or officers charged with the conduct of elections (by whatever name called) ;
(b) any Electoral Officer, Assistant Electoral Officer, Presiding Officer, Assistant Presiding Officer, Returning Officer, Assistant Returning Officer, Poll Clerk or Assistant Poll Clerk, or any officer or officers (by whatever name called) appointed under paragraph 4 of Schedule 4 to this Act and the expression "official duty" shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by this Act.

(1) Every Electoral Officer, Assistant Electoral Officer, Returning Officer, Assistant Returning Officer, Poll Clerk or Assistant Poll Clerk or any officer or officers (by whatever name called orderlines appointed under paragraph 4 of Schedule 4 to this Act concerned in the conduct of an election, and every Polling Agent or candidate in attendance at a polling station or place of voting, or at the counting of the votes shall maintain and aid in maintaning the orderliness of the voting.
(2) No such officer, agent or candidate shall, except for some purpose authorised by law, communicate before the poll is closed to any person any information as to the name or number on the register of voters of any voter who has or has not voted at the place of voting.
(3) No person shall-
(a) interfere with any voter in the process of voting;
(b) otherwise obtain or attempt to obtain in the place of voting, information as to the candidate for whom a voter in that place is about to vote or has voted ; or
(c) communicate at any time to any person any information obtained in a place of voting as to the candidate for whom a voter in that place is about to vote or has voted.
(4) If any person contravenes any of the provisions of this section, he is guilty of an offence and liable on conviction to imprisonment for 2 years or to a fine of N5,000 or to both such imprisonment and fine.
(5) The words, "while in the process of voting" as used in subsection (3) of this section means "period starting from the commencement of accreditation till the end of poll".

(1) If any corrupt practice is committed by any candidate elected at an election held under the provisions of this Act, the election or such candidate shall be invalid and in addition the said candidate shall be disqualified to vote or contest for any elective office or post for a period of ten years.
(2) "The expression, "corrupt practice" as used in this Act, means any of the following offences-
(a) personation;
(b) treating ;
(c) undue influence;
(d) bribery; or
(e) aiding, abetting, counselling or procuring the commission of any of the aforesaid offences.
(3) A corrupt practice shall be deemed to have been committed by a candidate if it is committed in his favour with his knowledge or consent or with the knowledge or consent of a person who is acting under the general or special authority of such candidate with reference to the election.

(1) Any person who, at an election, votes in the name of some other person whether that name be the name of a person living or dead or a fictitious person or who, having voted once at any such election votes a second time in his own name, or in the name of any other person living or dead or of a fictitious person, is guilty of the offence of personation.
(2) Any person who is guilty of personation or aiding, abetting, counselling or procuring the commission of the offence of personation, is guilty of an offence and liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding N1,000 or to both such imprisonment and fine.
(3) A person charged with the offence of personation shall not be convicted except on the evidence of not less than two witnesses.

The following persons shall be deemed guilty of treating-(a) any person who corruptly, by himself or by any other person, either before, during or after the election, directly or indirectly gives or provides, pays wholly or in part the expenses of giving or providing any food, drink, entertainment or provision to or for any person for the purpose of corruptly influencing that person or any other person to vote or refrain from voting at such election or on account of such person or any other person having voted or refrained from voting at such election ; and
(b) any voter who corruptly accepts or takes any such food, drink or entertainment.

Any person who directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint or inflicts or threatens to inflict by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel a person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election, or who by abduction, duress or any fraudulent device or contrivance impedes or prevents the free use of the vote by any voter or thereby compels, induces, or prevails upon any voter either to give or refrain from giving his vote at any election is guilty of undue influence.

The following persons shall be deemed guilty of bribery-(a) any person who, directly or indirectly by himself or by any other person on his behalf, gives, lends or agrees to give or lend or offers, promises or promises to procure or to endeavour to procure, any money or valuable consideration to or for any voter or to or for any person on behalf of any voter or to or for any other person, in order to induce any voter to vote or to refrain from voting or corruptly does any such act aforesaid on account of such voter having voted or refrained from voting or corruptly does any such act as aforesaid on account of such voter having voted or refrained from voting, at any election;
(b) any person who directly or indirectly, by himself or by any other person on his behalf, corruptly gives or procures or promises to procure or to endeavour to procure any office, place, employment to or for a vote or to or for any person, in order to induce such voter to vote or refrain from voting or corruptly does any such act as aforesaid on account of any voter having voted or refrained from voting, at any election ;
(c) any person who directly or indirectly, by himself or by any other person on his behalf, makes any gift, loan, offer, promise, procurement or agreement to or for any person or community or order to induce such person or community to procure or to endeavour to procure, the return of any person to office as Governor or as a member of a House of Assembly of a State or the vote of any voter, at any election;
(d) any person who, upon or in consequence of any such gift, loan, offer promise, procurement or agreement, procures, or engages or promises or endeavours to procure the return of any person to office as Governor or as a member of a House of Assembly of a State or the vote of any voter at any election ;
(e) any person who advances or pays or causes to be paid any money to or for the use of any person, with the intent that such money or any part thereof, shall be expended in bribery at any election or who knowingly pays, or causes to be paid any money to any person, in discharge or repayment of any money wholly or in part expended in bribery at any election ;
(f) any voter who, before or during any election, directly or indirectly by himself or by any other person on his behalf, receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining from voting at any election ;
(g) any person who, after any election, directly or indirectly, by himself or by any other person on is behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting at any election :
Provided that the foregoing provisions shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses bonafide incurred at or concerning any election.

(1) Any person who is guilty of bribery, treating or undue influence, personation or aiding, abetting, counselling or procuring the commission of any of those offences, shall be liable on conviction to imprisonment for 2 years or to a fine of N5,000 or to both such imprisonment and fine.
(2) Any person who is convicted of bribery, treating, undue influence or personation, or of aiding, abetting counselling, or procuring the commission of any of the offences aforesaid, shall, in addition to any other punishment, be deemed incapable, during a period of five years from the date of his conviction-
(a) of being registered as a voter or voting at any election;
(b) of being elected into any post or office or if elected before his conviction, of retaining his seat or post.

(1) Any person who-
(a) forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the officer charged with the conduct of an election any nomination paper, knowing the same to be forged ; or
(b) signs a nomination paper as a candidate in more than one constituency; or
(c) forges, counterfeits or fraudulently destroys any voter's card or the official mark on any voter's card or any statement of result; or
(d) without due authority, supplies any voter's card to any person;
(e) fraudulently takes out of the polling station any voter's card; or
(f) without due authority, destroys, takes, opens or otherwise interferes with any other documents then in use for the purpose of the election is guilty of an offence.
(2) Any attempt to commit any offence specified in this section shall be punishable in the same manner in which the offence is punishable.
(3) In any prosecution for an offence in relation to the nomination papers, polling documents and the marking instruments at an election held under this Act, the property in such polling documents may be stated to Commission.

Any person who is guilty of an offence under section 108 of this Act shall be liable on conviction to imprisonment for 2 years or to a fine of N5,000 or to both such imprisonment and fine.

Any candidate who forges, utters or falsifies any documents or gives any false information to the Commission for the purpose of nomination into any elective office or post under this Act shall be disqualified as a candidate for that election or any election under this Act and any subsequent elections during the transition period.

Any person who-(a)
votes, induces or procures any person to vote at any election knowing that he or such person is prohibited by this Act or by any other law, from voting at such election;or
(b) before or during an election, knowingly or recklessly publishes any false statement of the withdrawal of a candidate, at such election for the purpose of promoting or procuring the election of another candidate Commits an offence under this section.

Any person who commits an offence under section 111 of this Act shall be guilty of an offence and liable on conviction to a fine of N2,000 or to imprisonment for one year or both such fine and imprisonment.

Any person who wilfully votes at a Governorship and Legislative House election in a constituency in respect of which his name does not appear on the register of voters is guilty of an offence and liable on conviction to imprisonment for 2 years or to a fine of N5,000 or to both such imprisonment and fine.

Any person who is convicted of an offence under sectoin 97, 98 and 99 of this Act shall (in addition to any other punishment) not be eligible, during the period of three years after the date of his conviction-(a) for voting at any Governorship and Legislative House election in any State or
(b) for being elected into any post or office or if elected before his conviction, of retaining his office or seat.

Any person who at any polling station acts or incites others to act in a disorderly manner is guilty of an offence and liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding N1,000 or to both such imprisonment and fine.

(1) No person shall, on the date or dates upon which a poll is taken in an election in respect of a Governorship and Legislative House-
(a) convene, hold or attend any public meeting in that constituency ;
(b) operate any megaphone, amplifier or public address apparatus in that constituency for the purpose of making announcements concerning the election :
provided that this paragraph shall not apply to the operation of any such apparatus, by an officer appointed under this Decree, for the purpose of making official announcements relating to the election.
(2) No person shall on the date or dates on which a poll is taken at any polling station commit any of the following acts within the polling station or in any public or private place within a distance of two hundred metres of the polling zone or station-
(a) canvassing for votes ;
(b) soliciting the vote of any voter ;
(c) persuading any voter to vote for a particular candidate ;
(d) persuading any voter not to vote at the election ;
(e) wearing, exhibiting or tendering any notice, sign, token, symbol, slogan, badge, photograph or party card referring to the election; or
(f) shouting slogans concerning the election.
(3) No candidate or other person with the connivance of a candidate shall, whether on payment or otherwise, use, hire or procure any vessel or vehicle for the conveyance of any voter (other than the candidate himself or his agent) to or from any polling station.
(4) No person shall bring alcoholic liquor into a polling station or a place being used for the counting of votes or shall consume alcoholic liquor in any such place.
(5) Any person who contravenes any of the provisions of subsections (1), (2), (3) or (4) of this section is guilty of an offence and liable on conviction to a fine of N5,000 or to imprisonment for 2 years or to both such fine and imprisonment and shall in addition be disqualified to vote or contest for elective office or post for a period of 5 years beginning from the date of his conviction.

Any person, who at a public gathering for election purposes or at any other place to which this section applies-(a) acts or incites another to act in a disorderly manner for the purpose of preventing the transaction of the business for which the gathering was called; or
(b) has in his possesion any acid, offensive weapon or missile or uses any such acid or offensive weapon or missile on another person, is guilty of an offence and liable on conviction to a fine of N5,000 or imprisonment for 3 years or to both such fine and imprisonment.

(1) The Chief Electoral Officer of the Federation or any officer delegated by him shall announce the results of the Governorship and Legislative House elections.
(2) Any person, who prints or uses any electronic media or any other publication to announce the result of any election before the official announcement of the results as in subsection (1) of this section or announces any fake election results is guilty of an offence and liable on conviction to imprisonment for 2 years or to a fine of N10,000 or to both such fine and imprisonment.

(1) Where a person is convicted of an offence against any of the provisions of this Part of this Act which disqualifies him from being elected as a member of a Legislative House, or to the office of Governor or any elective office or post, the court by which he was convicted shall send to the Independent National Electoral Commission a transcript of the judgment of the conviction and if the person convicted has appealed, the judgment of the appeal.
(2) Any attempt, conspiracy, aiding or abetting of the commission of any offence specified in this Act shall be punishable in the same manner as the principal offence.
(3) Any offence committed under this Part of this Act, shall be triable in a Magistrate's Court of the State concerned.
(4) Any prosecution under this Part of this Act shall be undertaken by the Attorney-General of the State in which the offence was committed.

Subject to the provisions of this Act, no person who has voted at an election held under this Act shall in any legal proceedings arising out of the election, be required to disclose the name or identity of the person for whom he cast his vote.

(1) Where a date has been appointed for the holding of an election and there is reason to apprehend that a serious breach of the peace is likely to occur if the election is proceeded with on the date, the holding of the election may be postponed by the Independent National Electoral Commission until some other convenient date to be appointed by it.
(2) Where an election is postponed before the last day for the delivery of nomination papers, the Electoral Officer shall, upon a new date being appointed for the election, proceed in all respects as if that date were the date referred to in paragraph 1 of Schedule 5 to this Act as the date for the holding of the election.
(3) Where an election is postponed under this Act on or after the last day for the delivery of the nomination papers, and a poll has to be between the candidates then nominated, the Electoral Officer shall, upon a new date being appointed for the election, proceed as if the new date appointed were the date for taking of the poll between those candidates.
(4) An election postponed under this section may in like manner be further postponed.

(1) The Electoral Officer shall retain for six months all documents relating to an election forwarded to him in accordance with this Act and shall then, unless otherwise ordered by the Governorship and Legislative Houses Election Tribunal or unless he is aware that legal proceedings are pending in respect of such election, cause them to be destroyed .
(2)
An order for an inspection by production of any polling documents or any other packets in the custody of an electoral officer may be made by the Governorship and Legislative Houses Election Tribunal, if the Tribunal is satisfied that the order required is for the purpose of instituting or maintaining an election.
(3) An order for the opening of polling documents or any other packets for inspection may be made by the Governorship and Legislative Houses Election Tribunal in the course of proceedings in an election petition.
(4) An order under this section may be made subject to such conditions as the Governorship and Legislative Houses Election Tribunal may think expedient.
(5) The documents (other than the documents referred to in subsection (2) of this section) relating to an election retained by the Electoral Officer in accordance with subsection (1) of this section shall be open to inspection upon an order made by a Governorship and Legislative Houses Election Tribunal in exercise of its powers to compel the production of documents in legal preceedings, but shall not otherwise be opened to inspection.

(1) The Indpendent National Electoral Commission may prescribe-
(a) a scale or remuneration for officers appointed under this Act for the conduct of elections;
(b) a scale of maximum charges in respect of other expenses incurred by an Electoral Officer in connection with the conduct of an election and may revise the scales as and when it thinks fit.
(2) An Electoral Officer, a Presiding Officer and a Returning Officer shall in addition to any remuneration prescribed under paragraph (a) of subsection (1) of this section, be entitled to such sums in respect of expenses, not exceeding the prescribed scale, in connection with "the conduct of an election as are reasonable.

Notwithstanding any defect or error in any orders, notices, forms or documents previously made or other thing whatsoever done in pursuance of the provisions of this Act, such orders, forms or documents are hereby validated for all purposes with effect from the dates on which the same were made, given or done respectively.

A candidate or an agent who contravenes the provisions of section 84 of this Act shall be tried in a, Magistrate Court and if found guilty shall be liable to a term of imprisonment not exceeding one year or to a fine of N5,000.

The forms set out in Schedule 7 to this Act or such other forms as the Independent National Electoral Commission may prescribe may be used for the purposes of Governorship and Legislative Houses Elections with respect to the matters contained therein.

(1) There shall be a High Court for each State of the Federation.
(2) The High Court of a State 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.

(1) The appointment of a person to the office of the Chief Judge of a State shall be made by the Governor of the State acting in his discretion subject to the confirmation of such appointment by the House of Assembly of the State.
(2) The appointment of a person to the office of a Judge of a State shall be made by the Governor of the State acting on the recommendation of the State Judicial Service Commission.
(3) A person shall not be qualified to hold office of the Chief Judge of a State or Judge of the High Court of a State unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than 10 years.
(4) If the office of the Chief Judge of a State is vacant or if the person holding it is for any reason unable to perform the functions of the office, then, until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the functions shall be performed by a person to be designated from time to time in that behalf by the Governor of the State, acting in his discretion, from among the Judges of the High Court of the State.
(5) Except with the approval of the House of Assembly of the State, an appointment made pursuant to subsection (4) of this section shall cease to have effect after the expiration of 3 months from the date of such appointment, and the Governor shall not re-appoint a person whose appointment has lapsed.

(1)
Subject to the provisions of this Act and in addition to such other jurisdiction as may be conferred upon it by Law, the High Court of a State shall have unlimited jurisdiction to hear and determine any civil proceedings in which the existence or extent of a legal right, power, duty, liability, privilege, interest, obligation or claim is in issue and to impose any penalty, forfeiture, punishment or other liability in respect of an offence committed by any person.
(2) The reference to civil and criminal proceedings in this section includes a reference to the proceedings which originate in the High Court of a State and those which are brought before the High Court to be dealt with by the Court in the exercise of its appellate or supervisory jurisdiction.

(1) Appeals shall lie to a competent High Court from the decisions of Local Government Council Election Tribunals established under the Local Government (Basic Constitutional and Transitional Provisions) Act on any question whether any person has been validly elected as Chairman of a Local Government or as a member of a Local Government Council or whether the seat of any such person has become vacant.
(2) In this section "competent High Court" means the High Court of the State within which the Local Government Area concerned is situated.

For the purpose of exercising any jurisdiction conferred upon it under this Act or any law, a High Court of a State shall be duly constituted if it consists of at least one Judge of the Court.

The High Court of a State shall exercise jurisdiction vested in it by this Act or by any law in accordance with the practice and procedure (including the service and execution of all civil and criminal processes of the Court) from time to time prescribed by the House of Assembly of the State.

(1) There shall be for any State that requires it, a Sharia Court of Appeal for that State.
(2) The Sharia Court of Appeal of the State shall consist of-
(a) a Grand Khadi of the Sharia Court of Appeal; and
(b)
such number of Khadis of the Sharia Court of Appeal as may be prescribed by the House of Assembly of the State.

(1) The appointment of a person to the office of the Grand Khadi of the Sharia Court of Appeal of a State shall be made by the Governor of the State on the advice of the State Judicial Service Commission subject to the confirmation of such appointment by the House of Assembly of the State.
(2)
The appointment of a person to the office of a Khadi of the Sharia Court of Appeal of a State shall be made by the Governor of the State acting on the recommendation of the State Judicial Service Commission.
(3) A person shall not be qualified to hold office as the Grand Khadi or Kadi of the Sharia Court of Appeal of a State unless-
(a) he is a qualified legal practioner in Nigeria and has been so qualified for a period of not less than 10 years and has obtained a recognised qualification in islamic law from institution acceptable to the State judicial Service Commission ; or
(b)
he has attended and has obtained a recognised qualification in Islamic law from an institution approved by the State judicial Service Commission and has held the qualification for a period of not less than 10 years; and
(c)
he has considerable experience: in the practice of Islamic law or be is a distinguished scholar of Islamic law.
(4)
If the office of the Grand Khadi of the Sharia Court of Appeal of State is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then, until a person holding the office has resumed those functions, the functions shall be performed by a person to be designated from time to time in that behalf by the Gcvernor of the State, acting in his discretion, from among the Khadis of the Sharia Court of Appeal.
(5) Except with the approval of the House of Assembly of the State, an appointment pursuant to subsection (4) of this section shall cease to have effect after the expiration of 3 months from the date of such appointment, and the Governor shall not re-appoint a person whose appointment has lapsed.

The Sharia Court of Appeal of a State shall, in addition to such other jurisdiction as may be conferred upon it by a Law of the State,exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic law where all the parties are muslims.

For the purpose of exercising any jurisdiction conferred upon it by this Act or any other law, a Sharia Court of Appeal of a State shall be duly constituted if it consists of at least 2 Khadis of the court.

The Sharia Court of Appeal of a State shall exercise the jurisdiction vested in it by this Act or by any other law in accordance with the practice and procedure from time to time prescribed by a Law of the House of Assembly of the State.

(1) There shall be for any State that requires it a Customary Court of Appeal for the State.
(2) The Customary Court of Appeal of a State shall consist of-
(a) a President of the Customary Court of Appeal of the State ; and
(b) such number of Judges of the Customary Court of Appeal as may be prescribed by the House of Assembly of the State.

(1) The appointment of a person to the office of President of a Customary Court of Appeal shall be made by the Governor of the State on the advice of the State's Judicial Service Commission subject to the confirmation of such appointment by the House of Assembly of the State.
(2) The appointment of a person to the office of a Judge of a Customary Court of Appeal shall be made by the Governor of the State acting on the recommendation of the State Judicial Service Commission.
(3) Apart from such other qualification as may be prescribed by the National Assembly, a person shall not be qualified to hold the office of a Judge of a Customary Court of Appeal of a State unless, in the opinion of the State Judicial Service Commission, he has considerable knowledge of and experience in the practice of Customary law.
(4)
If the office of the President of the Customary Court of Appeal of a State is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then, until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the functions shall be performed by a person to be designated, from time to time in that behalf by the Governor of the State, acting in his discretion, from among the Judges of the Customary Court of Appeal of the State.
(5) Except with the approval of the House of Assembly of the State, an appointment pursuant to subsection (4) of this section shall cease to have effect after the expiration of 3 months from the date of such appointment, and the Governor shall not re-appoint any person whose appointment has lapsed.

(1) A Customary Court of Appeal of a State shall exercise appellate and supervisory jurisdiction in civil proceedings involving questions of customary law.
(2) For purposes of this section, a Customary Court of Appeal of a State shall exercise such jurisdiction and decide such questions as may be prescribed by Law of the House of Assembly of the State for which it is established.

For the purpose of exercising any jurisdiction conferred upon it by this Act or any other Law, a Customary Court of Appeal of a State shall be duly constituted if it consists of such number of Judges as may be prescribed by Law.

The Customary Court of Appeal of a State shall exercise jurisdiction vested in it by this Act or by any other law in accordance with such practice and procedure as may, from time to time, be prescribed by a Law of the House of Assembly of the State.

(1)
In this Act, unless the context otherwise requires-
"appointment" or its cognate expression includes promotion, appointment on promotion, transfer or confirmation of appointment ;
"authority" includes government ;
"bye-law" means enactment of a Local Government Council whose source is a State Law ;
"civil service of the State" means service of the government of a state in a civil capacity such as service rendered by the staff of the office of the Governor, the Deputy Governor or a Ministry of department of the Government of the State assigned with the responsibility for any business of the Government of the State;
"Commission" means the Independent National Electoral Commission;
"Commissioner" means a Commissioner of the Government of a State;
"Concurrent Legislative List" means any matter set out in Schedule 1 to this Act with respect to which a House of Assembly may make laws ;
"Constituency" in relation to a State means a Constituency established for that state ;
"decision" means in relation to a court, any determination of that court and includes judgment, decree, order, conviction, sentence or recommendation;
"enactment" means' provisions of any law or subsidiary instrument;
"financial year" means any period of 12 calender months beginning on the first day of January in any year or such other date as the National Assembly may prescribe ;
"function" includes power and duty ;
"government" includes the Government of the Federation or of any State or a Local Government or any person who exercises power or authority on its behalf;
"Governor" or "Deputy Governor" means the Governor of a State or a Deputy Governor of a State ;
"House of Assembly" means the House of Assembly of a State ;
"judicial office" means the office of the Chief Judge of a State, a Judge of a High Court, a Grand Kadi or Kadi of a Sharia Court of Appeal, or President or a Judge of the Customary Court of Appeal and a reference to a "judicial officer" is a reference to the holder of any such office ;
"Law" means a Law enacted by a House of Assembly;
"member" when used with reference to any commission or other bodies established by this Constitution includes the Chairman of that commission or body;
"Oath" includes affirmation ;
"Oath of office" means the appropriate Oath of Office prescribed in Schedule 2 to this Decree ;
"office" when used with reference to the validity of an election means any office the appointment to which is by election under this Decree;
"power" includes function and duty ;
"public service of a State" has the meaning assigned thereto in the Constitution of the Federal Republic of Nigeria;
"State" when used otherwise than in relation to one of the component parts of the Federation includes government ;
"Tribunal" means the Governorship and Legislative Houses Election Tribunal.
(2) In this Act, references to a person holding an office shall include references to a person acting in such office.

This Act may be cited as the State Government (Basic Constitutional and Transitional Provisions) Act 1991.