Section 86, 87 and 88 of the 1999 Constitution: Appointment and Removal of the Auditor General of the Federation and Circumstances where the National Assembly can Direct Investigation

Auditor General

The 1999 Constitution

Section 86 (1)

The Auditor-General for the Federation shall be appointed by the President on the recommendation of the Federal Civil Service Commission subject to confirmation by the Senate.

(The Federal Civil Service Commission is responsible for recommending to the President who the Auditor General of the Federation will be but this appointment can only be binding once the Senate confirms it.)


Section 86 (2)

The power to appoint persons to act in the office of the Auditor-General shall vest in the President.

(The President has the power to appoint a person to act in the office of the Auditor General of the Federation)


Section 86 (3)

Except with the sanction of a resolution of the Senate, no person shall act in the office of the Auditor-General for a period exceeding six months.

(A person who acts in the office of the Auditor General of the Federation shall only do so for a period not more than 6 months. In a situation where it will exceed 6 months, such person acting must be approved by a resolution of the Senate.)


Section 87 (1)

A person holding the office of the Auditor-General for the Federation shall be removed from office by the President acting on an address supported by two-thirds majority of the Senate praying that he be so removed for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misconduct.

(The President has the power to remove a person who is holding the office of the Auditor General of the Federation. However, the President has to act on the address of the Senate which needs to be supported by two-thirds majority for reasons of inability to perform the functions of his office; this may be due to sickness of mind or body or any other cause.)


Section 87 (2)

The Auditor-General shall not be removed from office before such retiring age as may be prescribed by law, save in accordance with the provisions of this section.

(The Auditor General cannot be removed from office before he reaches the age of retirement was has been provided for under the law unless in situations which have been prescribed in this section.)


Section 88 (1)

Subject to the provisions of this Constitution, each House of the National Assembly shall have power by resolution published in its journal or in the Official Gazette of the Government of the Federation to direct or cause to be directed investigation into-

(Each House of the National Assembly once a resolution has been published in its journal or official gazette of the government, they shall have the power to direct investigation into; )


Section 88 (1)(a)

any matter or thing with respect to which it has power to make laws; and

(The National Assembly can direct investigation over whatever it has power to make laws over.)


Section 88 (1)(b) (i)

the conduct of affairs of any person, authority, ministry or government department charged, or intended to be charged, with the duty of or responsibility for –

executing or administering laws enacted by National Assembly, and

(The National Assembly also has the power to direct investigation to be conducted on the affairs on persons, authorities, ministries or government department which have been charged or have the intention to be charged with the duty of or responsibility for executing or administering laws which have been passed by the National Assembly)


Section 88 (1)(b)(ii)

disbursing or administering moneys appropriated or to be appropriated by the National Assembly.

(How money or moneys which have be appropriated or to be appropriated (i.e. money which has been set aside for such groups) by the National Assembly is used/ spent by the groups mentioned in the previous sub section.)


Section 88 (2)(a)

The powers conferred on the National Assembly under the provisions of this section are exercisable only for the purpose of enabling it to –

make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and

(Whatever power which has been granted to the National Assembly under this section is only possible if they relate to laws which they already have power to make and power to correct any error in already existing laws.)


Section 88 (2)(b)

expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.

(Whatever power granted to the National Assembly under this section is only possible if it is to expose corruption, inefficiency or waste in the way laws are executed or administered. Such laws must be within the power of the National Assembly to make and also with regards to funds which have been set aside/ used by it.)

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