B – Establishment of certain Federal Executive Bodies

153. (1) 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.

(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.

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.

(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.

(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.

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 –

(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;

(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

(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.

(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.

156. (1) No person shall be qualified for appointment as a member of any of the bodies aforesaid if –

(a) he is not qualified or if he is disqualified for election as a member of the House of Representatives provided that a member of any of these bodies shall not be required to belong to a political party, and in the case of the Independent National Electoral Commission, he shall not be a member of a political party;

(b) within the preceding ten years, he has been removed as a member of any of the bodies or as the holder of any other office on the ground of misconduct.

(2) any person employed in the public service of the Federation shall not be disqualified for appointment as Chairman or member of any of such bodies:

Provided that where such person has been duly appointed he shall, on his appointment, be deemed to have resign his former office as from the date of the appointment.

(3) No person shall be qualified for appointment to any of the bodies aforesaid if, having previously been appointed as a member otherwise than as an ex officio member of that body, he has been re-appointed for a further term as a member of the same body.

157. (1) Subject to the provisions of subsection (3) of this section, a person holding any of the offices to which this section applies may only be removed from that 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 the office (whether arising from infirmity of mind or body or any other cause) or for misconduct.

(2) This section applies to the offices of the Chairman and members of the Code of Conduct Bureau, the Federal Civil Service Commission, the Independent National Electoral Commission, the National Judicial Council, the Federal Judicial Service Commission, the Federal Character Commission, the Nigeria Police Council, the National Population Commission, the Revenue Mobilisation Allocation and Fiscal Commission and the Police Service Commission.

(3) All members of the National Population Commission shall cease to be members if the President declares a National Census Report as unreliable and the report is rejected in accordance with section 213 of this Constitution.

158. (1) In exercising its power to make appointments or to exercise disciplinary control over persons, the Code of Conduct Bureau, the National Judicial Council, the Federal Civil Service Commission, the Federal Judicial Service Commission, the Revenue Mobilisation and Fiscal Commission, the Federal Character Commission, and the Independent National Electoral Commission shall not be subject to the direction or control of any other authority or person.

(2) The National Population Commission shall not be subject to the direction or control of any other authority or person:-

(a) in appointing, training or arranging for the training of enumerators or other staff of the Commission to assist it in the conduct of any population census;

(b) in deciding whether or not to accept or revise the return of any officer of the said Commission concerning the population census in any area or part of the Federation;

(c) in carrying out the operation of conducting the census; and

(d) in compiling its report of a national census for publication.

159. (1) The quorum for a meeting of any of the bodies established by section 153 of this Constitution shall be not less than one-third of the total number of members of that body at the date of the meeting.

(2) A member of such a body shall be entitled to one vote, and a decision of the meeting may be taken and any act or thing may be done in the name of that body by a majority of the members present at the meeting.

(3) Whenever such body is assembled for a meeting, the Chairman or other person presiding shall, in all matters in which a decision is taken by vote (by whatever name such vote may be called) have a casting as well as a deliberative vote.

(4) Subject to its rules of procedure, any such body may act or take part in any decision notwithstanding any vacancy in its membership or the absence of any member.

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 provided that in the case of the Independent National Electoral Commission, its powers to make its own rules or otherwise regulate its own procedure shall not be subject to the approval or control of the President.

(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.

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.`

161. 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;

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

(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

(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.