The 1999 Constitution

Section 204 (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.

(State Executive bodies have the power to control its own procedures or give powers or assign duties to any officer or authority in order to carry out its functions but this is subject to the approval of the Governor.)

Section 204 (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.

(In order to carry out its powers given to State Executive Bodies by virtue of sub section 1 of this section above, the State Executive Bodies cannot give power or assign duties to any officer or authority that is working for the Federal Government except if such State Executive Body has been granted approval by the President of Nigeria to do so.)

Section 205

In this Part of this Chapter, unless the context otherwise requires:-

(Concerning these section concerning State Executive Bodies (Section 197 – 204), the following are the definition of terms except where the context where it was placed suggests otherwise; )

Section 205 (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;

(Wherever ex officio member is mentioned, it shall mean a person who is a member of the State Executive Bodies by reason of his holding or performing the functions of an office in the public service of a State.)

Section 205 (b)

office means an office in the public service of a State;

(Office means an office in the public service of a State.)

Section 205 (c)

any reference to member of any of the bodies established by section 197 of this Constitution shall be
construed as including a reference, to the Chairman of that body; and

(When members of State Executive Bodies which is established or created under section 197 of the 1999 Constitution, it shall also include the Chairman of that body.)

Section 205 (d)

misconduct means breach of the Oath of Allegiance or oath of office of a member or a breach of the
provisions of this Constitution or bribery or corruption or false declaration of assets and liabilities or conviction for treason or treasonable felony.

(The definition of misconduct regarding State Executive Bodies means anyone who goes against the Oath of Allegiance or the oath of office of a member or goes against what the 1999 Constitution says or engages in bribery or corruption or falsely declares his assets and liabilities or is convicted for treason (i.e. an offense committed by any person who levies war against the State, in order to intimidate or overthrow the President or the Governor of a State – Section 37 of the Criminal Code) or treasonable felony (these are mentioned in Section 41 of the Criminal Code.)