Cheatsheet: Nigerian Government Structure

1. Constitutional Framework

1.1 1999 Constitution

FeatureDetails
Effective DateMay 29, 1999
Chapters8 chapters, 320 sections
Amendment ProcessRequires two-thirds majority of National Assembly and approval by at least 24 state Houses of Assembly
Supremacy ClauseSection 1(1) - Constitution is supreme; any law inconsistent with it is void

1.2 System of Government

  • Presidential system with separation of powers
  • Federal structure with three tiers: Federal, State, and Local Government
  • 36 states plus Federal Capital Territory (Abuja)
  • 774 Local Government Areas

2. Executive Branch

2.1 Federal Executive

PositionKey Details
PresidentHead of State and Commander-in-Chief; 4-year term, maximum 2 terms; must win majority votes and 25% in at least 24 states
Vice PresidentElected on same ticket as President; assumes office if President is incapacitated
Federal Executive CouncilCabinet comprising Ministers appointed by President and confirmed by Senate
MinistriesAt least one Minister from each state; maximum of 36 Ministers

2.2 State Executive

PositionKey Details
GovernorChief Executive of state; 4-year term, maximum 2 terms
Deputy GovernorElected on same ticket as Governor
State Executive CouncilCommissioners appointed by Governor and approved by State House of Assembly

2.3 Local Government Executive

  • Chairman: Elected head of local government; 3-year term
  • Vice Chairman: Elected alongside Chairman
  • Supervisory Councillors: Appointed to oversee departments

3. Legislative Branch

3.1 National Assembly

ChamberComposition
Senate109 members: 3 from each state (36 × 3 = 108) + 1 from FCT; 4-year term
House of Representatives360 members from federal constituencies; 4-year term

3.1.1 Senate Leadership

  • President of the Senate (Presiding officer)
  • Deputy President of the Senate
  • Senate Leader and Minority Leader

3.1.2 House of Representatives Leadership

  • Speaker of the House
  • Deputy Speaker
  • Majority Leader and Minority Leader

3.2 State Houses of Assembly

  • Unicameral legislature in each state
  • Minimum 24 members, maximum 40 members per state
  • 4-year term
  • Headed by Speaker and Deputy Speaker

3.3 Local Government Legislative Council

  • Councillors elected from wards within the local government area
  • Leader of the Council presides over sessions
  • 3-year term

3.4 Legislative Functions

FunctionDescription
Law-MakingDebate and pass bills into laws
OversightMonitor executive implementation of laws and budgets
Budget ApprovalScrutinize and approve annual budgets
ConfirmationConfirm appointments of Ministers, Ambassadors, and key officials
ImpeachmentPower to remove President/Governor for gross misconduct (two-thirds majority)

4. Judicial Branch

4.1 Federal Court System

CourtDetails
Supreme CourtHighest court; final appellate jurisdiction; headed by Chief Justice of Nigeria (CJN); minimum 15 Justices
Court of AppealIntermediate appellate court; headed by President of Court of Appeal; minimum 49 Justices
Federal High CourtTrial court for federal matters; headed by Chief Judge of Federal High Court
National Industrial CourtHandles labor and employment disputes

4.2 State Court System

CourtDetails
High CourtSuperior court of record in each state; headed by Chief Judge of the state
Customary Court of AppealHears appeals from customary and area courts
Sharia Court of AppealHears appeals on Islamic personal law (in states with Sharia)
Magistrate CourtsLower courts handling minor civil and criminal cases

4.3 Judicial Appointments

  • Chief Justice of Nigeria: Appointed by President on recommendation of National Judicial Council (NJC), confirmed by Senate
  • Supreme Court Justices: Appointed by President on NJC recommendation, confirmed by Senate
  • Other federal judges: Appointed by President on NJC recommendation
  • State Chief Judges: Appointed by Governor on NJC recommendation, confirmed by State House of Assembly
  • Retirement Age: 70 years for Supreme Court; 65 years for Court of Appeal and lower courts

4.4 National Judicial Council

  • Chaired by Chief Justice of Nigeria
  • Recommends judicial appointments and handles discipline of judges
  • Comprises senior judges, legal practitioners, and representatives

5. Exclusive, Concurrent, and Residual Powers

5.1 Exclusive Legislative List

68 items under exclusive federal jurisdiction (Second Schedule, Part I):

  • Defense and armed forces
  • Foreign affairs and immigration
  • Currency, banking, and monetary policy
  • Aviation and railways
  • Police and national security
  • Telecommunications
  • Federal taxation (company income tax, VAT, customs duties)
  • Mines and minerals (including petroleum)

5.2 Concurrent Legislative List

12 items shared between federal and state governments (Second Schedule, Part II):

  • Education (tertiary level)
  • Health
  • Employment and labor
  • Industrial development
  • Electricity generation and distribution
  • Antiquities and monuments
  • Archives
  • In case of conflict, federal law prevails

5.3 Residual Powers

Powers not listed in Exclusive or Concurrent Lists belong to states:

  • Primary and secondary education
  • State roads and infrastructure
  • Agriculture
  • Markets and local commerce
  • Land use and urban planning
  • Traditional institutions
  • State taxation (personal income tax, property tax)

6. Independent National Electoral Commission (INEC)

6.1 Structure and Composition

AspectDetails
ChairmanAppointed by President, confirmed by Senate; 5-year term (renewable once)
Members12 National Commissioners appointed by President, confirmed by Senate
Resident Electoral CommissionersOne for each state and FCT (37 total)
IndependenceConstitutional body not subject to executive control

6.2 Functions of INEC

  • Conduct federal, state, and local government elections
  • Register political parties and monitor their activities
  • Register voters and maintain voter register
  • Delineate electoral constituencies
  • Announce official election results
  • Conduct voter education programs

6.3 Types of Elections

Election TypeSchedule
Presidential and National AssemblyEvery 4 years (same day)
Governorship and State AssemblyEvery 4 years, 2 weeks after presidential election
Local GovernmentEvery 3 years (conducted by State Electoral Commissions in practice)

7. Federal Character and Representation

7.1 Federal Character Principle

RequirementApplication
Section 14(3)Composition of government and appointments must reflect federal character
Geographic SpreadAppointments must consider diversity from all states and geopolitical zones
Federal Character CommissionMonitors compliance with federal character provisions

7.2 Six Geopolitical Zones

ZoneStates
North-CentralBenue, Kogi, Kwara, Nasarawa, Niger, Plateau, FCT (7)
North-EastAdamawa, Bauchi, Borno, Gombe, Taraba, Yobe (6)
North-WestJigawa, Kaduna, Kano, Katsina, Kebbi, Sokoto, Zamfara (7)
South-EastAbia, Anambra, Ebonyi, Enugu, Imo (5)
South-SouthAkwa Ibom, Bayelsa, Cross River, Delta, Edo, Rivers (6)
South-WestEkiti, Lagos, Ogun, Ondo, Osun, Oyo (6)

8. Key Government Agencies and Parastatals

8.1 Security Agencies

AgencyFunction
Nigeria Police ForceHeaded by Inspector-General of Police; maintains law and order
State Security Service (SSS/DSS)Domestic intelligence and security
National Intelligence Agency (NIA)Foreign intelligence gathering
Nigeria Security and Civil Defence Corps (NSCDC)Protection of critical infrastructure and civil defense
Economic and Financial Crimes Commission (EFCC)Investigates financial crimes and corruption
Independent Corrupt Practices Commission (ICPC)Combats corruption in public service

8.2 Revenue and Financial Agencies

AgencyFunction
Federal Inland Revenue Service (FIRS)Collects federal taxes including company income tax and VAT
Nigeria Customs ServiceCollects import duties and controls borders
Central Bank of Nigeria (CBN)Monetary policy, currency issuance; Governor appointed for 5-year term
Revenue Mobilization Allocation and Fiscal CommissionRecommends revenue allocation formula among tiers of government

8.3 Regulatory and Service Agencies

  • Nigerian Communications Commission (NCC): Regulates telecommunications
  • National Agency for Food and Drug Administration and Control (NAFDAC): Food and drug safety
  • Standards Organisation of Nigeria (SON): Product standards and quality control
  • Corporate Affairs Commission (CAC): Business registration and regulation
  • Nigerian National Petroleum Corporation (NNPC): Oil and gas sector management
  • Universal Basic Education Commission (UBEC): Basic education funding and oversight
  • National Universities Commission (NUC): Regulates universities

9. Fundamental Rights and Freedoms

9.1 Chapter IV Rights (Sections 33-46)

RightSection
Right to LifeSection 33
Right to Dignity of Human PersonSection 34
Right to Personal LibertySection 35
Right to Fair HearingSection 36
Right to Private and Family LifeSection 37
Right to Freedom of Thought, Conscience, and ReligionSection 38
Right to Freedom of Expression and PressSection 39
Right to Peaceful Assembly and AssociationSection 40
Right to Freedom of MovementSection 41
Right to Freedom from DiscriminationSection 42
Right to Acquire and Own PropertySection 43-44

9.2 Enforcement

  • Violations can be challenged in High Court, Federal High Court, or Supreme Court
  • Courts can award compensation and issue injunctions
  • National Human Rights Commission investigates violations

10. Public Service and Civil Service

10.1 Federal Civil Service

BodyFunction
Federal Civil Service CommissionHandles appointments, promotions, and discipline of civil servants
Head of Civil Service of the FederationAdministrative head of federal civil service
Permanent SecretariesHighest civil servants in ministries; provide continuity

10.2 State and Local Government Service

  • State Civil Service Commission: Manages state civil servants
  • Head of Service: Administrative head at state level
  • Local Government Service Commission: In some states, manages local government staff

10.3 Code of Conduct

AspectDetails
Code of Conduct BureauReceives asset declarations from public officers
Code of Conduct TribunalTries public officers for breaches of code of conduct
Asset DeclarationRequired within 3 months of assumption of office and at end of term

11. National Assembly Powers and Procedures

11.1 Bill Passage Process

  1. First Reading: Introduction and title read
  2. Second Reading: General principles debated; referred to committee
  3. Committee Stage: Detailed examination, clause-by-clause consideration
  4. Third Reading: Final debate and vote
  5. Passage to other chamber: Repeat process in Senate/House
  6. Presidential Assent: President signs into law within 30 days
  7. Veto Override: Two-thirds majority of both chambers can override presidential veto

11.2 Types of Bills

Bill TypeDescription
Executive BillProposed by the executive branch
Private Member BillProposed by individual legislators
Money BillRelated to taxation and public funds; must originate in House of Representatives
Constitutional Amendment BillRequires two-thirds of both chambers and 24 state assemblies

11.3 Legislative Powers

  • Power to investigate any matter within legislative competence
  • Power to summon witnesses and compel testimony
  • Power to approve or reject executive nominations
  • Power to override presidential veto with two-thirds vote
  • Power to conduct hearings and public inquiries

12. Revenue Allocation and Federation Account

12.1 Federation Account

  • All federally collected revenue (except dedicated funds) paid into Federation Account
  • Distributed monthly among federal, state, and local governments
  • Current revenue formula: Federal 52.68%, States 26.72%, Local Governments 20.60%
  • 13% derivation principle for oil-producing states

12.2 Sources of Government Revenue

Government TierRevenue Sources
FederalPetroleum profits, company income tax, VAT, customs duties, excise duties, federation account allocation
StatePersonal income tax, business premises tax, federation account allocation, IGR (internal revenue)
Local GovernmentProperty/tenement rates, market fees, motor park levies, federation account allocation, state allocation

12.3 Value Added Tax (VAT)

  • Currently 7.5% (increased from 5% in 2020)
  • Collected by FIRS and distributed through Federation Account
  • Distribution: Federal 15%, States 50%, Local Governments 35%

13. Political Parties and Electoral System

13.1 Political Party Registration

  • Registered by INEC upon meeting constitutional requirements
  • Must have national spread: offices in at least 24 states
  • Must have executive committee in at least two-thirds of states
  • Membership must reflect federal character
  • No party can be based on ethnic, religious, or sectional grounds

13.2 Electoral Requirements

PositionElectoral Requirements
PresidentMajority of votes cast plus 25% in at least 24 states; run-off if no winner
GovernorMajority of votes plus 25% in at least two-thirds of LGAs in state
Senate/House/AssemblySimple majority (first-past-the-post)
Local Government ChairmanSimple majority

13.3 Voter Qualifications

  • Must be a Nigerian citizen
  • Must be 18 years or older
  • Must be registered with INEC
  • Must possess Permanent Voter's Card (PVC)
  • Must be resident in the constituency

13.4 Disqualifications from Holding Office

  • Conviction for dishonesty or fraud within 10 years
  • Membership of secret society
  • Dual citizenship (for President/Vice President, Governor/Deputy Governor)
  • Failure to meet educational requirements (minimum School Certificate or equivalent)
  • Mental incapacity

14. Local Government Administration

14.1 Functions of Local Government

Fourth Schedule lists functions including:

  • Economic planning and development
  • Primary healthcare and maternity services
  • Primary education
  • Markets, motor parks, and public conveniences
  • Cemeteries and burial grounds
  • Maintenance of rural roads and drainages
  • Registration of births, deaths, and marriages
  • Control of advertisement and billboards
  • Establishment of parks and gardens

14.2 Local Government Finance

  • Statutory allocation from Federation Account (20.60%)
  • 10% of internally generated revenue from state
  • Internally generated revenue (rates, fees, licenses)
  • Grants from state and federal governments

14.3 State-Local Government Joint Account

  • State and local government allocations paid into joint account
  • Managed by committee with LG representation
  • Distributions made according to constitutional formula
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