Section 195 and 196 of the 1999 Constitution: Attorney General/ Commissioner for Justice of a State and Special Advisers to the Governor

Attorney General

The 1999 Constitution

Section 195 (1)

There shall be an Attorney-General for each State who shall be the Chief Law Officer of the State and Commissioner for Justice of the Government of that State.

(Every State will have an Attorney General of that State and that Attorney General will serve as the Chief Law Officer of the State and also the Commissioner for Justice of the Government of the State.)


Section 195 (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 and has been so qualified for not less than ten years.

(Whoever is to be appointed to perform the function/ role of Attorney General of a State must first be a person qualified to practice as a lawyer in Nigeria (i.e. called to the Nigerian Bar) and such person must have also been qualified to practice law for a period not less than 10 years. A person who doesn’t fall under the two categories is not qualified to serve as an Attorney General of a State.)


Section 196 (1)

The Governor of a State may appoint any person as a Special Adviser to assist him in the performance
of his functions.

(The Governor of a State is free to appoint whomever he likes to be his Special Adviser and this Special Adviser is to assist the Governor in his functions.)


Section 196 (2)

The number of such Advisers and their remuneration and allowances shall be as prescribed by law or by
resolution of the House of Assembly of the State.

(The total number of Special Advisers, their remunerations i.e. salary and their allowances will either be prescribed by law or by a resolution i.e. decision of the House of the Assembly of a State.)


Section 196 (3)

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.

(Appointments made by the Governor to the position of Special Adviser is at the discretion of the Governor and such position ends once the Governor who appointed such persons into the office of the Special Adviser to the Governor, is no longer in office. i.e. the duration of each Special Adviser depends on the length of time the Governor that appointed him is in office.)


Section 196 (4)

A person appointed as a Special Adviser under subsection (1) of this section shall not begin to perform the functions of the office unless he has declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and subscribed the Oath of Allegiance and the oath of office prescribed in the Seventh Schedule to this Constitution.

(Whoever has been appointed as a Special Adviser in line with this section of the Constitution is not supposed to start working unless he declares his assets and liabilities as is provided for in the Constitution. Also, that person must have taken the Oath of Allegiance and oath of office which are contained in the 7th (seventh) schedule of the 1999 Constitution. It is after such person appointed has perform these things that he can then begin to perform his functions as the Special Adviser to the Governor.)


Compare with Attorney General of the Federation and Special Advisers to the President.

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