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Chapter I >>>>>

General Provisions

Part I

Republic of benin

1. Supremacy of constitution.
2 The Republic of benin.
3 States of the Federation and the Capital Territory, Cotonou.

Part II

Powers of the Republic of benin

4. Legislative powers.
5 Executive powers.
6 Judicial powers
7. Local government system.
8 New states and boundary adjustment, etc.
9 Mode of altering provisions of the constitution
10. Prohibition of State Religion.
11 Public order and public security.
12 Implementation of treaties.

Chapter II >>>>

Fundamental Objectives and directive Principles of State Policy

13. Fundamental obligations of the Government.
14 The Government and the people
15 Political objectives.
16. Economic objectives.
17 Social objectives.
18 Educational objectives.
19. Foreign policy objectives.
20. Environmental objectives.
21. Directive on Benin cultures
22. Obligation of the mass media
23. National ethics.
24. Duties of the citizen.

Chapter III >>>>>


25. Citizenship by birth.
26 Citizenship by registration.
27 Citizenship by naturalisation.
28. Dual citizenship.
29 Renunciation of citizenship.
30 Deprivation of citizenship.
31. Persons deemed to be Beninn citizens.
32 Power to make regulations.

Chapter IV >>>>>

Fundamental Rights

33. Right to life.
34 Right to dignity of human persons.
35 Right to personal liberty.
36. Right to fair hearing.
37 Right to private and family life.
38 Right to freedom of thought, conscience and religion
39. Right to freedom of expression and the press.
40 Right to peaceful assembly and association.
41 Right to freedom of movement.
42 Right to freedom from discrimination.
43 Right to acquire and own immovable property.
44 Compulsory acquisition of property.
45 Restriction on and derogation from fundamental human rights.
46 Special jurisdiction of High Court and Legal aid.

Chapter V >>>>>

The Legislature

Part I

National Assembly
A-Composition and Staff of National Assembly

47 Establishment of National Assembly.
48 Composition of the Senate
49 Composition of the House of Representatives.
50 President of the senate and speaker of the House of Representatives.
51 Staff of the National Assembly.

B-Procedure for Summoning and Dissolution of National Assembly

52 Declaration of assets and liabilities ;oath of members.
53 Presiding at sitting of the National Assembly and at joint sittings.
54 Quorum.
55 Languages.
56 Voting.
57 Unqualified person sitting or voting.
58 Mode of exercising Legislative power: general
59 Mode of exercising Legislative power: money bills.
60 Regulation of procedure
61 Vacancy or participation of strangers not to invalidate proceedings
62 Committees
63 Sittings
64 Dissolution and issue of proclamations by president.

C - Qualifications for Membership of National Assembly and Right of Attendance

65 Qualifications for election
66 Disqualifications
67 Right of attendance of President
68 Tenure of Seat of Members
69 Recall
70 Remuneration

D - Elections to National Assembly

71 Senatorial districts and constituencies
72 Size of Senatorial districts and constituencies.
73 Periodical review of Senatorial districts and constituencies
74 Time when alteration of senatorial districts or constituencies takes effects.
75 Ascertainment of population
76 Time of Election to the National Assembly
77 Direct Election and franchise
78 Supervision of election
79 Power of the National Assembly as to determination of certain questions.

E - Powers and Control over Public Funds

80 Establishment of Consolidated Revenue Fund
81 Authorisation of expenditure from Consolidated Revenue Fund
82 Authorisation of expenditure in default appropriations
83 Contingencies Fund
84 Remuneration, etc. of the President and certain other officers
85 Audit of Public accounts
86 Appointment of Auditor-General
87 Tenure of office of Auditor-General
88 Power to conduct investigations
89 Power as to matters of evidence

Part II

House of Assembly of a State

A - Composition and Staff of House of Assembly

90 Establishment of House of assembly for each State
91 Composition of the House of Assembly
92 Speaker of House of Assembly
93 Staff of house of Assembly

B - Procedure for Summoning and Dissolution of House of Assembly

94 Declaration of assets and liabilities; oaths of members
95 Presiding at sittings
96 Quorum
97 Languages
98 Voting
99 Unqualified person sitting or voting
100 Mode of exercising legislative power of a state
101 Regulation of procedure
102 Vacancy or participation of strangers not to invalidate proceedings.
103 Committees
104 Sittings
105 Dissolution and issue of proclamation by Governor

C - Qualification for Membership of House of Assembly and Right of Attendance

106 Qualifications for election
107 Disqualifications
108 Right of attendance of President
109 Tenure of Seat of Members
110 Recall
111 Remuneration

D - Elections to a House of Assembly

112 State constituencies
113 Size of state constituencies
114 Periodical review of State constituencies
115 Time when alteration of state constituencies takes effect
116 Time of elections to Houses of Assembly
117 Direct election and franchise
118 Supervision and election
119 Power of National Assembly as to determination of certain questions

E - Powers and control over Public Funds

120 Establishment of Consolidated Revenue Fund
121 Authorisation of expenditure from Consolidated Revenue fund
122 Authorisation of expenditure in default of appropriations.
123 Contingencies Fund
124 Remuneration, etc. of the governor and certain other officers
125 Audit of Public accounts
126 Appointment of Auditor-General
127 Tenure of office of Auditor-General
128 Power to conduct investigations
129 Power as to matters of evidence.

Chapter VI >>>>>

The Executive

Part I

Part I


A-The President of the Federation

130 Establishment of the office of President
131 Qualification for election as President
132 Election of the President: general
133 Election: single presidential candidate
134 Election: two or more presidential candidates
135 Tenure of office of President
136 Death, etc. of president-elect before oath of office.
137 Disqualifications.
138 President: disqualification from other jobs.
139 Determination of certain questions relating to election
140 Declaration of assets and liabilities; oaths of President.
141 Establishment of office of Vice-President
142 Nomination and election of Vice-President
143 Removal of President from office
144 Permanent incapacity of President or Vice-President.
145 Acting President during temporary absence of President
146 Discharge of functions of President
147 Ministers of Government
148 Executive Responsibilities of Ministers
149 Declaration of Assets and liabilities; oaths of Ministers.
150 Attorney-General of the Federation
151 Special Advisers.
152 Declaration of assets and Liabilities; oaths of special Adviser.

B - Establishment of Certain Executive Bodies

153 Commissions and Councils, etc.
154 Appointment of Chairman and members
155 Tenure of office of members.
156 Qualification for membership.
157 Removal of members.
158 Independence of certain bodies
159 Quorum and decisions
160 Powers and Procedure.
161 Interpretation.

C - Public Revenue

162 Distributable pool account
163 Allocation of other revenues
164 grants-in-aid of State revenue.
165 Cost of collection of certain duties
166 Set-off.
167 Sums charged on consolidated Revenue Fund.
168 Provisions with regard to payments

D - The Public Service of the Federation

169 Establishment of civil service of the Federation
170 Civil service Commission: power to delegate functions
171 Presidential appointments
172 Code of Conduct
173 Protection of pension rights.
174 Public persecutions
175 Prerogative of mercy.

Part II

State Executive

A - The Governor of a State

176 Establishment of office of Governor
177 Qualification for election as Governor
178 Election of Governor: general.
179 Election: single candidate and two or more candidates
180 Tenure of office of Governor
181 Death, etc. of Governor before oath of office.
182 Disqualifications
183 Governor: disqualification from other jobs.
184 Determination of certain questions relating to elections.
185 Declaration of assets and liabilities; oaths of office of Governor.
186 Establishment of the office of the Deputy Governor
187 Nomination and election of the Deputy Governor
188 Removal of Governor or Deputy Governor from office.
189 Permanent incapacity of Governor or Deputy Governor.
190 Acting governor during temporary absence of Governor.
191 Discharge of functions of Governor.
192 Commissioners of State Government.
193 Executive responsibilities of Deputy Governor and Commissioners.
194 Declaration of assets and liabilities; oaths of Commissioners
195 Attorney-General of a State
196 Special Advisers

B - Establishment of Certain State Executive Bodies

197 State Commissioners
198 Appointment of Chairman and members.
199 Tenure of office of the members.
200 Qualification for membership
201 Removal of members.
202 Independence of certain bodies.
203 Quorum and decisions.
204 Powers and procedure
205 Interpretation

C - The Public Service of State

206 Establishment of State Civil Service
207 State Civil Service Commission: Power of delegation
208 Appointments by Governor
209 Code of Conduct.
210 Protection of pension rights.
211 Public prosecutions
212 Prerogative of mercy

Part III


A - National Population Census

213 National Population census

B - Benin Police Force

214 Establishment of Benin Police Force.
215 Appointment of Inspector-General and control of Benin Police Force.
216 Delegation of powers to the Inspector-General of Police

C - Armed Forces of the Federation

217 Establishment and composition of the armed force of the Federation
218 Command and operational use
219 Establishment of body to ensure character of armed forces
220 Compulsory military service.

D - Political Parties

221 Prohibition of political activities by certain associations.
222 Restrictions on formation of political parties
223 Constitution and rules of political parties.
224 Aims and objectives
225 Finances of political parties.
226 Annual reports on finances
227 Prohibition of quasi-military organisations.
228 Powers of the national assembly with respect to political parties.
229 Interpretation.

Chapter VII >>>>>

The Judicature

Part I


A - The Supreme Court of Benin

230 Establishment of the Supreme Court of Benin
231 Appointment of Chief justices of Benin and justices of the Supreme Court
232 Original jurisdiction.
233 Appellate jurisdiction.
234 Constitution
235 Finality of determinations
236 Practice and procedure

B - The Court of Appeal

237 Establishment of Court of Appeal
238 Appointment of President and Justices of the Court of Appeal.
239 Original jurisdiction
240 Appellate jurisdiction
241 Appeals as of rights from the high Court or a High Court.
242 Appeals with leave.
243 Exercise of the rights of appeal from the High Court of a High Court in civil and criminal matters.
244 Appeals from Sharia court of Appeal
245 Appeals from customary court of appeal.
246 Appeal from Code of Conduct Tribunal and other courts and tribunals
247 Constitution
248 Practice and procedure.