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Nigerian Constitution Sections 309 – 317: Transitional Provisions and Savings

Nigerian Constitution Sections 309 – 317: Transitional Provisions and Savings

Citizenship

309. Notwithstanding the provisions of Chapter III of this Constitution but subject to section 28 thereof, any person who became a citizen of Nigeria by birth, registration or naturalisation under the provisions of any other Constitution shall continue to be a citizen of Nigeria under this Constitution.

Staff of legislative houses

310. (1) Until the National Assembly or a House of Assembly has exercised its powers to initiate legislation in accordance with the provisions of section 51 or 93 of this Constitution, the Clerk or other staff of a legislative house shall be appointed, as respects each House of the National Assembly by the Federal Civil Service Commission, and as respects a House of Assembly by the State Civil Service Commission.

(2) In exercising its powers under the provisions of this section, the Federal Civil Service Commission shall, consult, as appropriate, the President of the Senate or the Speaker of the House of the Representatives, and a State Civil Service Commission shall consult the Speaker of the House of Assembly

Standing Orders

311. (1) The provisions of this section shall have effect until the National Assembly or a House of Assembly exercises the powers conferred upon it by section 60 or 101 of this Constitution as appropriate.

(2) The Standing Orders of the Senate established under the former Constitution shall apply in relation to the proceedings in the Senate established under this Constitution.

(3) The Standing Orders of the House of Representatives established under the former Constitution shall apply in relation to the proceedings in the House of Representatives established under this Constitution.

(4) The Standing Orders of a House of Assembly established under the former Constitution shall apply in relation to a House of Assembly of a State established under this Constitution.

(5) The Standing Orders of the former legislative houses referred to in subsections (2), (3) and (4) of this section, shall apply in relation to a legislative house with such modifications as may be necessary to bring them into conformity with the provisions of this Constitution.

Cap. 62 LFN

(6) In this section, the “former Constitution” refers to the Constitution of the Federal Republic of Nigeria 1979.

Special provisions in respect of first election

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.

(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.

System of revenue allocation

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 council and among the local government councils the States, the system of revenue allocation in existence for the financial year beginning from 1st January 1998 and ending 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:

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.

Debts

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.

Existing law

315. (1) Subject to the provisions of this Constitution, an existing law shall have effect with such modifications as may be necessary to bring it into conformity with the provisions of this Constitution and shall be deemed to be –

(a) an Act of the National Assembly to the extent that it is a law with respect to any matter on which the National Assembly is empowered by this Constitution to make laws; and

(b) a Law made by a House of Assembly to the extent that it is a law with respect to any matter on which a House of Assembly is empowered by this Constitution to make laws.

(2) The appropriate authority may at any time by order make such modifications in the text of any existing law as the appropriate authority considers necessary or expedient to bring that law into conformity with the provisions of this Constitution.

(3) Nothing in this Constitution shall be construed as affecting the power of a court of law or any tribunal established by law to declare invalid any provision of an existing law on the ground of inconsistency with the provision of any other law, that is to say –

(a) any other existing law;

(b) a Law of a House of Assembly;

(c) an Act of the National Assembly; or

(d) any provision of this Constitution.

(4) In this section, the following expressions have the meanings assigned to them, respectively –

(a) “appropriate authority” means –

(i) the President, in relation to the provisions of any law of the Federation,

(ii) the Governor  of a State, in relation to the provisions of any existing law deemed to be a Law made by the House of Assembly of that State, or

(iii) any person appointed by any law to revise or rewrite the laws of the Federation or of a State;

(b) “existing law” means any and includes any rule of law or any enactment or instrument whatsoever which is in force immediately before the date when this section comes into force or which having been passed or made before that date comes into force after that date; and

(c) “modification” includes addition, alteration, omission or repeal.

(5) Nothing in this Constitution shall invalidate the following enactments, that is to say –

(a) the National Youth Service Corps Decree 1993;

Cap. 377 LFN

(b) the Public Complaints Commission Act;

Cap. 278 LFN

(c) National Security Agencies Act;

Cap. 202 LFN

(d) the Land Use Act,

and the provisions of those enactments shall continue to apply and have full effect in accordance with their tenor and to the like extent as any other provisions forming part of this Constitution and shall not be altered or repealed except in accordance with the provisions of section 9 (2) of this Constitution.

Part I, Second Schedule

(6) Without prejudice to subsection (5) of this section, the enactments mentioned in the said subsection shall hereafter continue to have effect as Federal enactments and as if they related to matters included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.

Existing offices, courts and authorities

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.

(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 he-made in pursuance of this Constitution.

(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.

(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.

Succession to property, rights, liabilities and obligations

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 –

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

(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 hereof vest in, or become exercisable or enforceable by or against the President and Government of the Federation, and the Governor and Government of the State, as the case may be.

(2) 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

(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.

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