Section 122, 123 and 124 of the 1999 Constitution: Withdrawal of Money from the Consolidated Revenue Fund and Establishment of Contingencies Fund of a State

Consolidated revenue fund

The 1999 Constitution

Section 122

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 authorize 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 six months or until the coming into operation of the Law, whichever is the earlier:

(In situations where the Appropriation Bill for any financial year has not been passed into law at the beginning of that financial year then the Governor of a state has the power to authorize moneys to be withdrawn from the Consolidated Revenue Fund of a State in order to meet certain needs required for the smooth running of the government but the time limit for such is either 6 (six) months or until the Appropriation Bill for the financial year is finally passed into law. Whichever of the two comes first.)


Provided that the withdrawal in respect of any such period shall not exceed the amount authorized 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withdrawn from the Consolidated Revenue Fund of the State under the provisions of the Appropriation Law passed by the House of Assembly for the corresponding period in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 authorized for the immediately preceding financial year.

(This is on the condition that whatever amount of money authorized to be withdrawn by the Governor of a State is not more than the amount which the State House of Assembly had approved in the Appropriation Law passed in the previous financial year.)


Section 123 (1)

A House of Assembly may by Law make provisions for the establishment of a Contingencies Fund for
the State and for authorizing the Governor, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the Fund to meet that need.

(In a situation where an urgent and unforeseen expense which was not provided for, the State House of Assembly has the power to make a law that provides for the creation of a Contingencies Fund for that state in order to cater to that need.)


Section 123 (2)

Where any advance is made in accordance with the provisions of this section, a Supplementary Estimate shall be presented and a Supplementary Appropriation Bill shall be introduced as soon as possible for the purpose of replacing the amount so advanced.

(If an advance for money is made as stated in sub section 1 of this section, an estimate of this amount – Supplementary Estimate shall be presented and a Supplementary Appropriation Bill will be created to replace the amount which was advanced on.)


Section 124 (1)

There shall be paid to the holders of the offices mentioned in this section such remuneration and salaries
as may be prescribed by a House of Assembly, but not exceeding the amount as shall have been determined by the Revenue Mobilization Allocation and Fiscal Commission.

(The remunerations and salaries of people who hold offices mentioned in this section will be paid in a method prescribed by the State House of Assembly in an amount which is not more than what has been set by the Revenue Mobilization Allocation and Fiscal Commission.)


Section 124 (2)

The remuneration, salaries and allowances payable to the holders of the offices so mentioned shall be
charged upon the Consolidated Revenue Fund of the State.

(The people who are holding the offices which is mentioned in this section are to be paid from the Consolidated Revenue Fund of that State.)


Section 124 (3)

The remuneration and salaries payable to the holders of the said offices and their conditions of service, other than allowances, shall not be altered to their disadvantage after their appointment.

(Whatever amount which has been stated as their remuneration or salary as office holders or contained in their conditions of service except their allowances should not be changed in such a way to put them at a disadvantage after their appointment into office.)


Section 124 (4)

The offices aforesaid are the offices of Governor, Deputy Governor, Auditor-General for a State and the
Chairman and members of the following bodies, that is to say, the State Civil Service Commission, the State Independent Electoral Commission and the State Judicial Service Commission.

(The offices which has been referenced in this section 124 and its sub sections are; Governor, Deputy Governor, Auditor-General for a State and the Chairman and members of the following bodies; the State Civil Service Commission, the State Independent Electoral Commission and the State Judicial Service Commission.)


Section 124 (5)

Provisions may be made by a Law of a House of Assembly for the grant of a pension or gratuity to or in
respect of a person who had held office as Governor or Deputy Governor and was not removed from office as a result of impeachment; and any pension granted by virtue of any provisions made in pursuance of this subsection shall be a charge upon the Consolidated Revenue Fund of the State.

(Where a law has been passed by a State House of Assembly to grant pension or gratuity for a person who had held an office as a Governor or Deputy Governor of a State and was not removed from office by impeachment then such person shall be paid pension or gratuity from the Consolidated Revenue Fund of a State.)

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