Section 153, 154 and 155 of the 1999 Constitution: Establishment and Membership of Government Bodies

Bodies

The 1999 Constitution

Section 153 (1)(a-n)

There shall be established for the Federation the following bodies, namely:
(a) Code of Conduct Bureau;
(b) Council of State;
(c) Federal Character Commission;
(d) Federal Civil Service Commission;
(e) Federal Judicial Service Commission;
(f) Independent National Electoral Commission;
(g) National Defence Council;
(h) National Economic Council;
(i) National Judicial Council;
(j) National Population Commission;
(k) National Security Council;
(l) Nigeria Police Council;
(m) Police Service Commission; and
(n) Revenue Mobilisation Allocation and Fiscal Commission.

(The Constitution is establishing the following bodies/ organisations; Code of Conduct Bureau, Council of State, Federal Character Commission, Federal Civil Service Commission, Federal Judicial Service Commission, Independent National Electoral Commission, National Defense Council, National Economic Council, National Judicial Council, National Population Commission, National Security Council, Nigeria Police Council, Police Service Commission and Revenue Mobilisation Allocation and Fiscal Commission.)


Section 153 (2)

The composition and powers of each body established by subsection (1) of this section are as contained in Part 1 of the Third Schedule to this Constitution.

(In order to see how the bodies which have been mentioned in sub section 1 of this section are composed and what their powers are, you’ll have to check the Third Schedule of the 1999 Constitution. The Third Schedule, located towards the end of the Constitution explains how each of these bodies mentioned in the previous sub section are constituted and the extent of their powers.)


Section 154 (1)

Except in the case of ex officio members or where other provisions are made in this Constitution, the
Chairman and members of any of the bodies so established shall, subject to the provisions of this Constitution, be appointed by the President and the appointment shall be subject to confirmation by the Senate.

(The Chairman and members of the bodies which have been established in Section 153 (1) of the 1999 Constitution are to be appointed by the President and such appointment by the President has to be confirmed by the Senate. This however does not apply to people who are ex officio members i.e. people who are members because of their status or position and people who are members because of a provision of the 1999 Constitution.)


Section 154 (2)

In exercising his powers to appoint a person as Chairman or member of the Council of State or the National Defence Council or the National Security Council, the President shall not be required to obtain the confirmation of the Senate.

(When appointing a person as Chairman or a member of the Council of State or National Defence Council or the National Security Council, the President making such appointment in the bodies mentioned in this subsection does not need to get the confirmation of the Senate.)


Section 154 (3)

In exercising his powers to appoint a person as Chairman or member of the Independent National Electoral Commission, National Judicial Council, the Federal Judicial Service Commission or the National Population Commission, the President shall consult the Council of State.

(When the President was to appoint a person as Chairman or member of the Independent National Electoral Commission, the National Judicial Council, the Federal Judicial Service Commission or the National Population Commission, the President needs to consult with the Council of State.)


Section 155 (1)

A person who is a member of any of the bodies established as aforesaid shall, subject to the provisions
of this Part, remain a member thereof –

(Whoever has been appointed a member of any of the bodies mention in section 153 subsection (1) shall remain a member : -)


Section 155 (1)(a)

in the case of an ex officio member, whilst he holds the office by virtue of which he is a member of the body;

(Ex officio members i.e. people who are members by virtue of their position or status, shall remain a member as long as he holds that office.)


Section 155 (1)(b)

in the case of a person who is a member by virtue of his having previously held an office, for the duration of his life; and

(For a person who is a member because he has held an office before, such person shall remain a member for the duration of their lives.)


Section 155 (1)(c)

in the case of a person who is a member otherwise than as ex officio member or otherwise than by virtue of his having previously held an office, for a period of five years from the date of his appointment.

(People whose membership do not fall under subsection 1(a) or 1(b) of section 155, their tenure is for a period of 5 years which begins counting from the date of their appointment.)


Section 155 (2)

A member of any of the bodies shall cease to be member if any circumstances arise that, if he were not a
member of the body, would cause him to be disqualified for appointment as such a member.

(A member of any of the bodies shall no longer be a member if he does something that if he were not a member, would have disqualified him from being appointed as a member.)