Section 160 and 161 of the 1999 Constitution: Power of Governmental Bodies and Definition of Terms

Bodies

The 1999 Constitution

Section 160 (1)

Subject to subsection (2) of this section, any of the bodies may, with the approval of the President, by
rules or otherwise regulate its own procedure or confer powers and impose duties on any officer or authority for the purpose of discharging its functions.

(This means that bodies have the power to decide how they will operate and can assign tasks and powers to any officer or authority to help it achieve its purpose so long as the President approves, or it is in line with the rules.)


Section 160 (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 authorities of a State except with the approval of the Governor of the State.

(But if the assignment is to a state officer or state authority, the approval of the relevant state governor is needed.)


The President, upon the receipt of advice from the Revenue Mobilisation Allocation and Fiscal Commission, shall table before the National Assembly proposals for revenue allocation from the Federation Account, and in determining the formula, the National Assembly shall take into account, the allocation principles especially those of population, equality of States, internal revenue generation, land mass, terrain as well as population density.

(This means that whenever the Revenue Mobilisation Allocation and Fiscal Commission tenders an advice to the President, he/she must submit a proposal for revenue allocation from the Federation Account to the National Assembly. When handling the proposal, the National Assembly must consider the allocation principle and ay attention to the following-

  1. Population;
  2. Equality of States;
  3. Internal Revenue Generation;
  4. Land mass;
  5. Terrain;
  6. Population density.) 

Section 161 (a)

In this Part of this Chapter, unless the context otherwise requires –
(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 the Federation;

(The following interpretations shall be applied unless the context otherwise requires –

a.) “ex officio member” should be interpreted as referring to a person who is a member by virtue of holding or performing the responsibilities of an office in the Federation’s public service.)


Section 161 (b)

“office” means an office in the public service of the Federation;

(“Office” refers to a position in the Federation’s public service.)


Section 161 (c)

any reference to “member” of a body established by section 153 of this Constitution shall be construed as
including a reference to the Chairman of that body; and

(“member” of a body established by section 153 of this Constitution includes the Chairman of that body.)


Section 161 (d)

“misconduct” means a 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.

(“misconduct” has happened when there is a breach of a member’s oath of allegiance or oath of office, or a breach of the requirements of this Constitution, or bribery or corruption, or false reporting of assets and liabilities, or conviction for treason or treasonable felony.)


Leave a Reply

Your email address will not be published. Required fields are marked *