The 1999 Constitution

Section 316 (1)

Any office, court of law or authority which immediately before the date when this section comes into force was established and charged with any function by virtue of any other Constitution or law shall be deemed to have been duly established and shall continue to be charged with such function until other provisions are made, as if the office, court of law or authority was established and charged with the function by virtue of this Constitution or in accordance with the provisions of a law made thereunder.

(Any office or court or authority which was created shortly before this provision of the constitution by any other constitution or law shall be treated as if it were made under this provision of the law except another law is made establishing them.)

Section 316 (2)

Any person who immediately before the date when this section comes into force holds office by virtue of any other Constitution or law in force immediately before the date when this section comes into force shall be
deemed to be duly appointed to that office by virtue of this Constitution or by any authority by whom appointments to that office fall to be made in pursuance of this Constitution.

(Any person who enters office shortly before this provision of the constitution by any other constitution or law shall be treated as if the person was appointed under this provision of the law or by any authority who appoints the person with powers from the constitution.)

Section 316 (3)

Notwithstanding the provisions of subsection (2) of this section, any person holding such office, a member of a court of law or authority, who would have been required to vacate such office, or where his membership of
such court of law or authority would have ceased but for the provisions of the said subsection (2) of this section, shall at the expiration of the period prescribed therefor after the date when this section comes into force vacate
such office or, as the case may be, his membership of such court of law or authority shall cease, accordingly.

(Even with the provisions of subsection (2) any person holding any office or any member of a court or authority which was supposed to leave office on a particular date provided by any other law, shall leave the said office on the date provided by the previous law.)

Section 316 (4)

The foregoing provisions of this section are without prejudice to the exercise of such powers as may be conferred by virtue of this Constitution or a law upon any authority or person to make provisions with respect to such matters as may be prescribed or authorised by this Constitution or such law, including the establishment and abolition of offices, courts of law or authorities, and with respect to the appointment of persons to hold
offices or to be members of courts of law or authorities and their removal from such offices, courts of law or authorities.

(The above provisions of this section are open minded to the use of powers given by the constitution, or any law made by a person with the power given by the constitution to make such law includes the power of opening and closing offices, membership and removal of members of courts or authorities.)

Section 317 (1)

Without prejudice to the generality of section 315 of this constitution, any property, right, privilege, liability or obligation which immediately before the date when this section comes into force was vested in, exercisable or enforceable by or against-

(Any property, right, privilege, liability or obligation, without going against what is contained in section 315 of the 1999 Constitution, that was vested in, exercisable by or enforceable against immediately before this section 317 becomes effective by either of the following; )

Section 317 (1)(a)

the former authority of the Federation as representative or trustee for the benefit of the Federation;

(The previous head of the Federation of Nigeria who acted as a representative or trustee for the benefit of the Federation of Nigeria; )

Section 317 (1)(b)

any former authority of a state as representative or trustee for the benefit of the state, shall on the date when this section comes into force and without further assurance than the provisions thereof vest in, or become exercisable of enforceable by or against the President and Government of the Federation, and the Governor and Government of the state, as the case may be

(any previous authority of a state who acted as a representative or trustee for the benefit of that state, shall on the date when this section comes into force, become exercisable by or against the President and Government of the Federation, and the Governor and Government of the state depending on the situation.)

(In summary, if there are any rights, privileges, obligations, liability or property vested, exercisable or enforceable by the Government of the Federation or the State acting as a representative or trustees on behalf and for the benefit of the Federation or State will be exercisable by and or against such Government of the Federation or the State once Section 317 (1) of the 1999 Constitution comes into effect.)

Section 317 (2)(a)

For the purposes of this section –
(a) the President and Government of the Federation, and the Governor and Government of a state, shall be deemed, respectively, to be successors to the said former authority of the Federation and former authority of the state in question; and

(For the sake of this section 317 , the President and Government of the Federation and the Governor and Government of a State shall mean, the successors to the said previous authority of the Federation and previous authority of the particular state being referred respectively; and )

Section 317 (2)(b)

references in this section to “former authority of the Federation” and “former authority of a state” include references to the former Government of the Federation and the former government of a state, a local government
authority or any person who exercised any authority on its behalf.

(references made in this section 317 to “former authority of the Federation” and “former authority of a state” will include references made to the former Government of the Federation and former government of a state, a local government authority or anybody who exercised any authority on its behalf.)