Section 312, 313 and 314 of the 1999 Constitution: Situations where the Previous Constitution applies in the 1999 Constitution

Constitution

The 1999 Constitution

Section 312 (1)

The electoral commission established for the Federation under any law in force immediately before the date when this section comes into force shall be responsible for performing the functions conferred on the Independent National Electoral Commission established by the provisions of this Constitution.

(The electoral commission that was created for Nigeria that was in force before this section came into force will be responsible for performing the function which the Independent National Electoral Commission has as established by the 1999 Constitution.)


Section 312 (2)

Any person who before the coming into force of this Constitution was elected to any elective office mentioned in this Constitution in accordance with the provisions of any law in force immediately before the coming into force of this Constitution shall be deemed to have been duly elected to that office under this Constitution.

(Anyone who was elected into power before the 1999 Constitution came into effect and was elected into power based on the provisions of the law which were in force at the time, will be deemed as duly elected to that office under the 1999 Constitution.)


Section 313

Pending any Act of the National Assembly for the provision of a system of revenue allocation between the Federation and the States, among the States, between the States and local government councils and among the local government councils in the States, the system of revenue allocation in existence for the financial year beginning from 1st January 1998 and ending on 31st December 1998 shall, subject to the provisions of this Constitution and as from the date when this section comes into force, continue to apply:

(Until an Act of the National Assembly has come into force for the provision of a system of revenue allocation between the Federation and Stated, among States, between States and Local Government Councils and among Local Government Councils in the States, the system of revenue allocation which is in existence for the financial year which starts from the 1st of January, 1998 and ends on the 31st of December, 1998 shall apply subject to contents of the 1999 Constitution and when this section comes into force: )


Provided that where functions have been transferred under this Constitution from the Government of the Federation to the States and from the States to local government councils the appropriations in respect of such functions shall also be transferred to the States and the local government councils, as the case may require.

(On the condition that where the function have been transferred under the 1999 Constitution from the Federal Government to the States and from the States to the Local Government Councils, the appropriations regarding such functions will also be transferred to the States and the Local Government Councils as the situation may need.)


Section 314

Any debt of the Federation or of a State which immediately before the date when this section comes into force was charged on the revenue and assets of the Federation or on the revenue and assets of a State shall, as from the date when this section comes into force, continue to be so charged.

(Any debt of the Federal Government or of a State Government which was charged to the revenue of the Federal or State Government before this section comes into force shall continue to be charged from the date when this section comes into force.)


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