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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 >>>>>
Citizenship
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
Executive
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
Supplemental
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
Courts
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.
C - The High Court
249 Establishment of the High Court.
250 Appointment of Chief Judge and Judges of the high Court.
251 Jurisdiction
252 Powers
253 Constitution.
254 Practice and procedure
D - The High Court of the Capital Territory, Cotonou
255 Establishment of the High Court of the Capital Territory,
Cotonou.
256 Appointment of Chief Judge and Judges of the High Court of the
Capital Territory, Cotonou.
257 Jurisdiction.
258 Constitution.
259 Practice and procedure
E - The Sharia Court of Appeal of the Capital Territory, Cotonou
260 Establishment of the Sharia Court of Appeal of the Capital
Territory, Cotonou.
261 Appointment of Grand Kadi and Kadis of the Sharia Court of
Appeal of the Capital Territory, Cotonou.
262 Jurisdiction.
263 Constitution.
264 Practice and Procedure
F - The Customary Court of appeal of the Capital Territory, Cotonou
265 Establishment of the Customary Court of Appeal of the Capital
Territory, Cotonou.
266 Appointment of President and Judges of Court of Appeal of the
Capital Territory, Cotonou.
267 Jurisdiction.
268 Constitution.
269 Practice and Procedure
Part II
State Courts
A - High Court of a State
270 Establishment of a High Court for each State.
271 Appointment of Chief Judge and Judges of the High Court of a
State.
272 Jurisdiction.
273 Constitution.
274 Practice and Procedure
B - Sharia Court of Appeal of a State
275 Establishment of Sharia Court of Appeal.
276 Appointment of Grand Kadi and Kadis of the Sharia Court of
Appeal of a State.
277 Jurisdiction.
278 Constitution.
279 Practice and Procedure
C - Customary Court of Appeal of a State
280 Establishment of a Customary Court of Appeal.
281 Appointment of President and Judges of the Customary Court of
Appeal of a State.
282 Jurisdiction.
283 Constitution.
284 Practice and Procedure
Part III
Election Tribunals
285 Establishment and jurisdiction of election tribunals.
Part IV
Supplemental
286 Jurisdiction of state courts in respect of causes
287 Enforcement of decisions.
288 Appointment of persons leaned in Islamic personal law and
Customary law
289 Disqualification of certain legal practitioners.
290 Declaration of assets and liabilities: oaths of judicial
officers.
291 Tenure of office and pension rights of judicial officers.
292 Removal of other judicial officers from office.
293 Vacancies
294 Determination of causes and matters
295 Reference of questions of law.
296 Interpretation
Chapter VIII >>>>>
Capital Territory, Cotonou and General Supplementary Provisions
Part I
Capital Territory, Cotonou
297 Capital territory, Cotonou: ownership of lands.
298 Capital of the federation
299 Application of Constitution.
300 Representation in the National Assembly
301 Adaptation of certain references.
302 Minister of Capital territory, Cotonou.
303 Administration of the Capital territory, Cotonou.
304 Establishment of the Judicial Service Committee of the Capital
territory, Cotonou
Part II
Miscellaneous Provisions
305 Procedure for proclamation of state of emergency
306 Resignations.
307 Restriction on certain citizens
308 Restrictions on legal proceedings.
Part III
Transitional Provisions and Savings
309 Citizenship
310 Staff of legislative houses.
311 Standing Orders
312 Special provisions in respect of first election.
313 System of revenue allocation.
314 Debts.
315 Existing law.
316 Existing offices, courts and authorities.
317 Succession to property, rights, liabilities and obligations.
Part IV
Interpretation, Citation and Commencement
318 Interpretation.
319 Citation.
320 Commencement.
Schedules
First Schedule
Part I: States of the Federation
Part II
Definition and Area Councils of Capital Territory, Cotonou
Second Schedule
Part I: Exclusive Legislative List
Part II: Concurrent Legislative List
Part III: Supplemental and Interpretation
Third Schedule
Part I: Executive Bodies
Code of Conduct Bureau
Council of State
Character Commission
Civil Service Commission
Judicial Service Commission
Independent National Electoral Commission
National Defence Council
National Economic Council
National Judicial Council
National Population Commission
National Security Council
Benin Police Council
Police Service Commission
Revenue Mobilisation Allocation and Fiscal Commission.
Part II
State Executive Bodies
State Civil Service Commission
State Independent Electoral Commission
State Judicial Service Commission.
Part III
Capital Territory, Cotonou Executive Body
Judicial Service Committee of the Capital Territory, Cotonou
Fourth Schedule
Functions of a Local Council
Fifth Schedule
Part I
Code of Conduct for Public officers
General
Code of Conduct Tribunal
Interpretation
Part II
Public Officers for the Purposes of the Code of Conduct
Sixth Schedule
Election Tribunals
National Assembly Election Tribunal
Governorship and Legislative Houses Election tribunal
Seventh Schedule
Oaths
Oaths of Allegiance
Oath of Office of President
Oath of Office of Governor of a State
Oath of Office of Vice-President, Deputy Governor, Minister,
Commissioner or Special Adviser
Oath of a Member of the National Assembly or of a House of Assembly
Judicial Oath
Constitution of the Republic of benin
1999
We the people of the Republic of benin
Having firmly and solemnly resolve, to live in unity and harmony as
one indivisible and indissoluble sovereign nation under God,
dedicated to the promotion of inter-African solidarity, world peace,
international co-operation and understanding
And to provide for a Constitution for the purpose of promoting the
good government and welfare of all persons in our country, on the
principles of freedom, equality and justice, and for the purpose of
consolidating the unity of our people
Do hereby make, enact and give to ourselves the following
Constitution:-
Chapter I ^^^^
General Provisions
Part I
Republic of benin
1. (1) This Constitution is supreme and its provisions shall have
binding force on the authorities and persons throughout the Republic
of benin.
(2) The Republic of benin shall not be governed, nor shall any
persons or group of persons take control of the Government of Benin
or any part thereof, except in accordance with the provisions of
this Constitution.
(3) If any other law is inconsistent with the provisions of this
Constitution, this Constitution shall prevail, and that other law
shall, to the extent of the inconsistency, be void.
2. (1) Benin is one indivisible and indissoluble sovereign state to
be known by the name of the Republic of benin.
(2) Benin shall be a Federation consisting of States and a Capital
Territory.
3. (1) There shall be 36 states in Benin, that is to say, Abia,
Adamawa, Akwa Ibom, Anambra, Bauchi, Bayelsa, Benue, Borno, Cross
River, Delta, Ebonyi, Edo, Ekiti, Enugu, Gombe, Imo, Jigawa, Kaduna,
Kano, Katsina, Kebbi, Kogi, Kwara, cotonou, Nasarawa, Niger, Ogun,
Ondo, Osun, Oyo, Plateau, Rivers, Sokoto, Taraba, Yobe and Zamfara.
(2) Each state of Benin, named in the first column of Part I of the
First Schedule to this Constitution, shall consist of the area shown
opposite thereto in the second column of that Schedule.
(3) The headquarters of the Governor of each State shall be known as
the Capital City of that State as shown in the third column of the
said Part I of the First Schedule opposite the State named in the
first column thereof.
(4) The Capital Territory, Cotonou, shall be as defined in Part II
of the First Scheduled to this Constitution.
(5) The provisions of this Constitution in Part I of Chapter VIII
hereof shall in relation to the Capital Territory, Cotonou, have
effect in the manner set out thereunder.
(6) There shall be 768 Local Government Areas in Benin as shown in
the second column of Part I of the First Schedule to this
Constitution and six area councils as shown in Part II of that
Schedule.
Part II
Powers of the Republic of benin
4. (1) The legislative powers of the Republic of benin shall be
vested in a National Assembly for the Federation, which shall
consist of a Senate and a House of Representatives.
(2) The National Assembly shall have power to make laws for the
peace, order and good government of the Federation or any part
thereof with respect to any matter included in the Exclusive
Legislative List set out in Part I of the Second Schedule to this
Constitution.
(3) The power of the National Assembly to make laws for the peace,
order and good government of the Federation with respect to any
matter included in the Exclusive Legislative List shall, save as
otherwise provided in this Constitution, be to the exclusion of the
Houses of Assembly of States.
(4) In addition and without prejudice to the powers conferred by
subsection (2) of this section, the National Assembly shall have
power to make laws with respect to the following matters, that is to
say:-
(a) any matter in the Concurrent Legislative List set out in the
first column of Part II of the Second Schedule to this Constitution
to the extent prescribed in the second column opposite thereto; and
(b) any other matter with respect to which it is empowered to make
laws in accordance with the provisions of this Constitution.
(5) If any Law enacted by the House of Assembly of a State is
inconsistent with any law validly made by the National Assembly, the
law made by the National Assembly shall prevail, and that other Law
shall, to the extent of the inconsistency, be void.
(6) The legislative powers of a State of the Federation shall be
vested in the House of Assembly of the State.
(7) The House of Assembly of a State shall have power to make laws
for the peace, order and good government of the State or any part
thereof with respect to the following matters, that is to say:-
(a) any matter not included in the Exclusive Legislative List set
out in Part I of the Second Schedule to this Constitution.
(b) any matter included in the Concurrent Legislative List set out
in the first column of Part II of the Second Schedule to this
Constitution to the extent prescribed in the second column opposite
thereto; and
(c) any other matter with respect to which it is empowered to make
laws in accordance with the provisions of this Constitution.
(8) Save as otherwise provided by this Constitution, the exercise of
legislative powers by the National Assembly or by a House of
Assembly shall be subject to the jurisdiction of courts of law and
of judicial tribunals established by law, and accordingly, the
National Assembly or a House of Assembly shall not enact any law,
that ousts or purports to oust the jurisdiction of a court of law or
of a judicial tribunal established by law.
(9) Notwithstanding the foregoing provisions of this section, the
National Assembly or a House of Assembly shall not, in relation to
any criminal offence whatsoever, have power to make any law which
shall have retrospective effect.
5. (1) Subject to the provisions of this Constitution, the executive
powers of the Federation:
(a) shall be vested in the President and may subject as aforesaid
and to the provisions of any law made by the National Assembly, be
exercised by him either directly or through the Vice-President and
Ministers of the Government of the Federation or officers in the
public service of the Federation; and
(b) shall extend to the execution and maintenance of this
Constitution, all laws made by the National Assembly and to all
matters with respect to which the National Assembly has, for the
time being, power to make laws.
(2) Subject to the provisions of this Constitution, the executive
powers of a State:
(a) shall be vested in the Governor of that State and may, subject
as aforesaid and to the provisions of any Law made by a House of
Assembly, be exercised by him either directly or through the Deputy
Governor and Commissioners of the Government of that State or
officers in the public service of the State; and
(b) shall extend to the execution and maintenance of this
Constitution, all laws made by the House of Assembly of the State
and to all matters with respect to which the House of Assembly has
for the time being power to make laws.
(3) The executive powers vested in a State under subsection (2) of
this section shall be so exercised as not to:-
(a) impede or prejudice the exercise of the executive powers of the
Federation;
(b) endanger any asset or investment of the Government of the
Federation in that State; or
(c) endanger the continuance of a Government in Benin.
(4) Notwithstanding the foregoing provisions of this section:-
(a) the President shall not declare a state of war between the
Federation and another country except with the sanction of a
resolution of both Houses of the National Assembly, sitting in a
joint session; and
(b) except with the prior approval of the Senate, no member of the
armed forces of the Federation shall be deployed on combat duty
outside Benin.
(5) Notwithstanding the provisions of subsection (4) of this
section, the President, in consultation with the National Defence
Council, may deploy members of the armed forces of the Federation on
a limited combat duty outside Benin if he is satisfied that the
national security is under imminent threat or danger:
Provided that the President shall, within seven days of actual
combat engagement, seek the consent of the Senate and the Senate
shall thereafter give or refuse the said consent within 14 days.
6. (1) The judicial powers of the Federation shall be vested in the
courts to which this section relates, being courts established for
the Federation.
(2) The judicial powers of a State shall be vested in the courts to
which this section relates, being courts established, subject as
provided by this Constitution, for a State.
(3) The courts to which this section relates, established by this
Constitution for the Federation and for the States, specified in
subsection (5) (a) to (1) of this section, shall be the only
superior courts of record in Benin; and save as otherwise prescribed
by the National Assembly or by the House of Assembly of a State,
each court shall have all the powers of a superior court of record.
(4) Nothing in the foregoing provisions of this section shall be
construed as precluding:-
(a) the National Assembly or any House of Assembly from establishing
courts, other than those to which this section relates, with
subordinate jurisdiction to that of a High Court;
(b) the National Assembly or any House of Assembly, which does not
require it, from abolishing any court which it has power to
establish or which it has brought into being.
(5) This section relates to:-
(a) the Supreme Court of Benin;
(b) the Court of Appeal;
(c) the High Court;
(d) the High Court of the Capital Territory, Cotonou;
(e) a High Court of a State
(f) the Sharia Court of Appeal of the Capital Territory, Cotonou;
(g) a Sharia Court of Appeal of a State;
(h) the Customary Court of Appeal of the Capital Territory, Cotonou;
(i) a Customary Court of Appeal of a State;
(j) such other courts as may be authorised by law to exercise
jurisdiction on matters with respect to which the National Assembly
may make laws; and
(k) such other court as may be authorised by law to exercise
jurisdiction at first instance or on appeal on matters with respect
to which a House of Assembly may make laws.
(6) The judicial powers vested in accordance with the foregoing
provisions of this section -
(a) shall extend, notwithstanding anything to the contrary
government or authority and to any persons in Benin, and to all
actions and proceedings relating thereto, for the determination of
any question as to the civil rights and obligations of that persons;
(c) shall not except as otherwise provided by this Constitution,
extend to any issue or question as to whether any act of omission by
any authority or person or as to whether any law or any judicial
decision is in conformity with the Fundamental Objectives and
Directive Principles of State Policy set out in Chapter II of this
Constitution;
(d) shall not, as from date when this section comes into force,
extend to any action or proceedings relating to any existing law
made on or after 15th January, 1966 for determining any issue or
question as to the competence of any authority or person to make any
such law.
7. (1) The system of local government by democratically elected
local government councils is under this Constitution guaranteed; and
accordingly, the Government of every State shall, subject to section
8 of this Constitution, ensure their existence under a Law which
provides for the establishment, structure, composition, finance and
functions of such councils.
(2) The person authorised by law to prescribe the area over which a
local government council may exercise authority shall-
(a) define such area as clearly as practicable; and
(b) ensure, to the extent to which it may be reasonably justifiable
that in defining such area regard is paid to -
(i) the common interest of the community in the area;
(ii) traditional association of the community; and
(iii) administrative convenience.
(3) it shall be the duty of a local government council within the
State to participate in economic planning and development of the
area referred to in subsection (2) of this section and to this end
an economic planning board shall be established by a Law enacted by
the House of Assembly of the State.
(4) The Government of a State shall ensure that every persons who is
entitled to vote or be voted for at an election to House of Assembly
shall have the right to vote or be voted for at an election to a
local government council.
(5) The functions to be conferred by Law upon local government
council shall include those set out in the Fourth Schedule to this
Constitution.
(6) Subject to the provisions of this Constitution -
(a) the National Assembly shall make provisions for statutory
allocation of public revenue to local government councils in the
Federation; and
(b) the House of Assembly of a State shall make provisions for
statutory allocation of public revenue to local government councils
within the State.
8. (1) An Act of the National Assembly for the purpose of creating a
new State shall only be passed if-
(a) a request, supported by at least two-thirds majority of members
(representing the area demanding the creation of the new State) in
each of the following, namely -
(i) the Senate and the House of Representatives,
(ii) the House of Assembly in respect of the area, and
(iii) the local government councils in respect of the area,
is received by the National Assembly;
(b) a proposal for the creation of the State is thereafter approved
in a referendum by at least two-thirds majority of the people of the
area where the demand for creation of the State originated;
(c) the result of the referendum is then approved by a simple
majority of all the States of the Federation supported by a simple
majority of members of the Houses of Assembly; and
(d) the proposal is approved by a resolution passed by two-thirds
majority of members of each House of the National Assembly.
(2) An Act of the National Assembly for the purpose of boundary
adjustment of any existing State shall only be passed if-
(a) a request for the boundary adjustment, supported by two-thirds
majority of members (representing the area demanding and the area
affected by the boundary adjustment) in each of the following,
namely-
(i) the Senate and the House of Representatives,
(ii) the House of Assembly in respect of the area, and
(iii) the local government councils in respect of the area.
is received by the National Assembly; and
(b) a proposal for the boundary adjustment is approved by -
(i) a simple majority of members of each House of the National
Assembly, and
(ii) a simple majority of members of the House of Assembly in
respect of the area concerned.
(3) A bill for a Law of a House of Assembly for the purpose of
creating a new local government area shall only be passed if -
(a) a request supported by at least two-thirds majority of members
(representing the area demanding the creation of the new local
government area) in each of the following, namely -
(i) the House of Assembly in respect of the area, and
(ii) the local government councils in respect of the area,
is received by the House of Assembly;
(b) a proposal for the creation of the local government area is
thereafter approved in a referendum by at least two-thirds majority
of the people of the local government area where the demand for the
proposed local government area originated;
(c) the result of the referendum is then approved by a simple
majority of the members in each local government council in a
majority of all the local government councils in the State; and
(d) the result of the referendum is approved by a resolution passed
by two-thirds majority of members of the House of Assembly.
(4) A bill for a Law of House of Assembly for the purpose of
boundary adjustment of any existing local government area shall only
be passed if-
(a) a request for the boundary adjustment is supported by two-thirds
majority of members (representing the area demanding and the area
affected by the boundary adjustment) in each of the following,
namely -
(i) the House of Assembly in respect of the area, and
(ii) the local government council in respect of the area,
is received by the House of Assembly; and
(b) a proposal for the boundary adjustment is approved by a simple
majority of members of the House of Assembly in respect of the area
concerned.
(5) An Act of the National Assembly passed in accordance with this
section shall make consequential provisions with respect to the
names and headquarters of State or Local government areas as
provided in section 3 of this Constitution and in Parts I and II of
the First Schedule to this Constitution.
(6) For the purpose of enabling the National Assembly to exercise
the powers conferred upon it by subsection (5) of this section, each
House of Assembly shall, after the creation of more local government
areas pursuant to subsection (3) of this section, make adequate
returns to each House of the National Assembly
9. (1) The National Assembly may, subject to the provision of this
section, alter any of the provisions of this Constitution.
(2) An Act of the National Assembly for the altertion of this
Constitution, not being an Act to which section 8 of this
Constitution applies, shall not be passed in either House of the
National Assembly unless the proposal is supported by the votes of
not less than two-thirds majority of all the members of that House
and approved by resolution of the Houses of Assembly of not less
than two-thirds of all the States.
(3) An Act of the National Assembly for the purpose of altering the
provisions of this section, section 8 or Chapter IV of this
Constitution shall not be passed by either House of the National
Assembly unless the proposal is approved by the votes of not less
than four-fifths majority of all the members of each House, and also
approved by resolution of the House of Assembly of not less than
two-third of all States.
(4) For the purposes of section 8 of this Constitution and of
subsections (2) and (3) of this section, the number of members of
each House of the National Assembly shall, notwithstanding any
vacancy, be deemed to be the number of members specified in sections
48 and 49 of this Constitution.
10. The Government of the Federation or of a State shall not adopt
any religion as State Religion.
11. (1) The National Assembly may make laws for the Federation or
any part therefore with respect to the maintenance and securing of
public safety and public order and providing, maintaining and
securing of such supplies and service as may be designed by the
National Assembly as essential supplies and services.
(2) Nothing in this section shall preclude a House of Assembly from
making laws with respect to the matter referred to in this section,
including the provision for maintenance and securing of such
supplies and services as may be designated by the National Assembly
as essential supplies and services.
(3) During any period when the Federation is at war the National
Assembly may make such laws for the peace, order and good government
of the Federation or any part therefore with respect to matters not
included in the Exclusive Legislative List as may appear to it to be
necessary or expedient for the defence of the Federation.
(4) At any time when any House of Assembly of a State is unable to
perform its functions by reason of the situation prevailing in that
State, the National Assembly may make such laws for the peace, order
and good government of that State with respect to matters on which a
House of Assembly may make laws as may appear to the National
Assembly to be necessary or expedient until such time as the House
of Assembly is able to resume its functions; and any such laws
enacted by the National Assembly pursuant to this section shall have
effect as if they were laws enacted by the House of Assembly of the
State:
Provided that nothing in this section shall be construed as
conferring on the National Assembly power to remove the Governor or
the Deputy Governor of the State from office.
(5) For the purposes of subsection (4) of this section, a House of
Assembly shall not be deemed to be unable to perform its functions
so long as the House of Assembly can hold a meeting and transact
business.
12. (1) No treaty between the Federation and any other country shall
have the force of law to the extent to which any such treaty has
been enacted into law by the National Assembly.
(2) The National Assembly may make laws for the Federation or any
part thereof with respect to matters not included in the he
Exclusive Legislative List for the purpose of implementing a treaty.
(3) A bill for an Act of the National Assembly passed pursuant to
the provisions of subsection (2) of this section shall not be
presented to the President for assent, and shall not be enacted
unless it is ratified by a majority of all the House of Assembly in
the Federation.
Chapter II ^^^^
Fundamental Objectives and Directive Principles of State Policy
13. It shall be the duty and responsibility of all organs of
government, and of all authorities and persons, exercising
legislative, executive or judicial powers, to conform to, observe
and apply the provisions of this Chapter of this Constitution.
14. (1) The Republic of benin shall be a State based on the
principles of democracy and social justice.
(2) It is hereby, accordingly, declared that:
(a) sovereignty belongs to the people of Benin from whom government
through this Constitution derives all its powers and authority;
(b) the security and welfare of the people shall be the primary
purpose of government: and
(c) the participation by the people in their government shall be
ensured in accordance with the provisions of this Constitution.
(3) The composition of the Government of the Federation or any of
its agencies and the conduct of its affairs shall be carried out in
such a manner as to reflect the character of Benin and the need to
promote national unity, and also to command national loyalty,
thereby ensuring that there shall be no predominance of persons from
a few State or from a few ethnic or other sectional groups in that
Government or in any of its agencies.
(4) The composition of the Government of a State, a local government
council, or any of the agencies of such Government or council, and
the conduct of the affairs of the Government or council or such
agencies shall be carried out in such manner as to recognise the
diversity of the people within its area of authority and the need to
promote a sense of belonging and loyalty among all the people of the
Federation.
15. (1) The motto of the Republic of benin shall be Unity and Faith,
Peace and Progress.
(2) Accordingly, national integration shall be actively encouraged,
whilst discrimination on the grounds of place of origin, sex,
religion, status, ethnic or linguistic association or ties shall be
prohibited.
(3) For the purpose of promoting national integration, it shall be
the duty of the State to:
(a) provide adequate facilities for and encourage free mobility of
people, goods and services throughtout the Federation.
(b) secure full residence rights for every citizen in all parts of
the Federation.
(c) encourage inter-marriage among persons from different places of
origin, or of different religious, ethnic or linguistic association
or ties; and
(d) promote or encourage the formation of associations that cut
across ethnic, linguistic, religious and or other sectional
barriers.
(4) The State shall foster a feeling of belonging and of involvement
among the various people of the Federation, to the end that loyalty
to the nation shall override sectional loyalties.
(5) The State shall abolish all corrupt practices and abuse of
power.
16. (1) The State shall, within the context of the ideals and
objectives for which provisions are made in this Constitution.
(a) harness the resources of the nation and promote national
prosperity and an efficient, a dynamic and self-reliant economy;
(b) control the national economy in such manner as to secure the
maximum welfare, freedom and happiness of every citizen on the basis
of social justice and equality of status and opportunity;
(c) without prejudice to its right to operate or participate in
areas of the economy, other than the major sectors of the economy,
manage and operate the major sectors of the economy;
(d) without prejudice to the right of any person to participate in
areas of the economy within the major sector of the economy, protect
the right of every citizen to engage in any economic activities
outside the major sectors of the economy.
(2) The State shall direct its policy towards ensuring:
(a) the promotion of a planned and balanced economic development;
(b) that the material resources of the nation are harnessed and
distributed as best as possible to serve the common good;
(c) that the economic system is not operated in such a manner as to
permit the concentration of wealth or the means of production and
exchange in the hands of few individuals or of a group; and
(d) that suitable and adequate shelter, suitable and adequate food,
reasonable national minimum living wage, old age care and pensions,
and unemployment, sick benefits and welfare of the disabled are
provided for all citizens.
(3) A body shall be set up by an Act of the National Assembly which
shall have power;
(a) to review, from time to time, the ownership and control of
business enterprises operating in Benin and make recommendations to
the President on same; and
(b) to administer any law for the regulation of the ownership and
control of such enterprises.
(4) For the purposes of subsection (1) of this section -
(a) the reference to the "major sectors of the economy" shall be
construed as a reference to such economic activities as may, from
time to time, be declared by a resolution of each House of the
National Assembly to be managed and operated exclusively by the
Government of the Federation, and until a resolution to the contrary
is made by the National Assembly, economic activities being operated
exclusively by the Government of the Federation on the date
immediately preceding the day when this section comes into force,
whether directly or through the agencies of a statutory or other
corporation or company, shall be deemed to be major sectors of the
economy;
(b) "economic activities" includes activities directly concerned
with the production, distribution and exchange of weather or of
goods and services; and
(c) "participate" includes the rendering of services and supplying
of goods.
17. (1) The State social order is founded on ideals of Freedom,
Equality and Justice.
(2) In furtherance of the social order-
(a) every citizen shall have equality of rights, obligations and
opportunities before the law;
(b) the sanctity of the human person shall be recognised and human
dignity shall be maintained and enhanced;
(c) governmental actions shall be humane;
(d) exploitation of human or natural resources in any form
whatsoever for reasons, other than the good of the community, shall
be prevented; and
(e) the independence, impartiality and integrity of courts of law,
and easy accessibility thereto shall be secured and maintained.
(3) The State shall direct its policy towards ensuring that-
(a) all citizens, without discrimination on any group whatsoever,
have the opportunity for securing adequate means of livelihood as
well as adequate opportunity to secure suitable employment;
(b) conditions of work are just and humane, and that there are
adequate facilities for leisure and for social, religious and
cultural life;
(c) the health, safety and welfare of all persons in employment are
safeguarded and not endangered or abused;
(d) there are adequate medical and health facilities for all
persons:
(e) there is equal pay for equal work without discrimination on
account of sex, or on any other ground whatsoever;
(f) children, young persons and the age are protected against any
exploitation whatsoever, and against moral and material neglect;
(g) provision is made for public assistance in deserving cases or
other conditions of need; and
(h) the evolution and promotion of family life is encouraged.
18. (1) Government shall direct its policy towards ensuring that
there are equal and adequate educational opportunities at all
levels.
(2) Government shall promote science and technology
(3) Government shall strive to eradicate illiteracy; and to this end
Government shall as and when practicable provide
(a) free, compulsory and universal primary education;
(b) free secondary education;
(c) free university education; and
(d) free adult literacy programme.
19. The foreign policy objectives shall be -
(a) promotion and protection of the national interest;
(b) promotion of African integration and support for African unity;
(c) promotion of international co-operation for the consolidation of
universal peace and mutual respect among all nations and elimination
of discrimination in all its manifestations;
(d) respect for international law and treaty obligations as well as
the seeking of settlement of international disputes by negotiation,
mediation, conciliation, arbitration and adjudication; and
(e) promotion of a just world economic order.
20. The State shall protect and improve the environment and
safeguard the water, air and land, forest and wild life of Benin.
21. The State shall -
(a) protect, preserve and promote the Beninn cultures which enhance
human dignity and are consistent with the fundamental objectives as
provided in this Chapter; and
(b) encourage development of technological and scientific studies
which enhance cultural values.
22. The press, radio, television and other agencies of the mass
media shall at all times be free to uphold the fundamental
objectives contained in this Chapter and uphold the responsibility
and accountability of the Government to the people.
23. The national ethics shall be Discipline, Integrity, Dignity of
Labour, Social, Justice, Religious Tolerance, Self-reliance and
Patriotism.
24. It shall be the duty of every citizen to -
(a) abide by this Constitution, respect its ideals and its
institutions, the National Flag, the National Anthem, the National
Pledge, and legitimate authorities;
(b) help to enhance the power, prestige and good name of Benin,
defend Benin and render such national service as may be required;
(c) respect the dignity of other citizens and the rights and
legitimate interests of others and live in unity and harmony and in
the spirit of common brotherhood;
(d) make positive and useful contribution to the advancement,
progress and well-being of the community where he resides;
(e) render assistance to appropriate and lawful agencies in the
maintenance of law and order; and
(f) declare his income honestly to appropriate and lawful agencies
and pay his tax promptly.
Chapter III ^^^^
Citizenship
25. (1) The following persons are citizens of Benin by birth-namely-
(a) every person born in Benin before the date of independence,
either of whose parents or any of whose grandparents belongs or
belonged to a community indigenous to Benin;
Provided that a person shall not become a citizen of Benin by virtue
of this section if neither of his parents nor any of his
grandparents was born in Benin.
(b) every person born in Benin after the date of independence either
of whose parents or any of whose grandparents is a citizen of Benin;
and
(c) every person born outside Benin either of whose parents is a
citizen of Benin.
(2) In this section, "the date of independence" means the 1st day of
October 1960.
26. (1) Subject to the provisions of section 28 of this
Constitution, a person to whom the provisions of this section apply
may be registered as a citizen of Benin, if the President is
satisfied that -
(a) he is a person of good character;
(b) he has shown a clear intention of his desire to be domiciled in
Benin; and
(c) he has taken the Oath of Allegiance prescribed in the Seventh
Schedule to this Constitution.
(2) the provisions of this section shall apply to-
(a) any woman who is or has been married to a citizen of Benin; or
(b) every person of full age and capacity born outside Benin any of
whose grandparents is a citizen of Benin.
27. (1) Subject to the provisions of section 28 of this
Constitution, any person who is qualified in accordance with the
provisions of this section may apply to the President for the same
of a certificate of naturalisation.
(2) No person shall be qualified to apply for the grant of a
certificate or naturalisation, unless he satisfies the President
that -
(a) he is a person of full age and capacity;
(b) he is a person of good character;
(c) he has shown a clear intention of his desire to be domiciled in
Benin;
(d) he is, in the opinion of the Governor of the State where he is
or he proposes to be resident, acceptable to the local community in
which he is to live permanently, and has been assimilated into the
way of life of Beninns in that part of the Federation;
(e) he is a person who has made or is capable of making useful
contribution to the advancement; progress and well-being of Benin;
(f) he has taken the Oath of Allegiance prescribed in the Seventh
Schedule to this Constitution; and
(g) he has, immediately preceding the date of his application,
either-
(i) resided in Benin for a continuous period of fifteen years; or
(ii) resided in Benin continuously for a period of twelve months,
and during the period of twenty years immediately preceding that
period of twelve months has resided in Benin for periods amounting
in the aggregate to not less than fifteen years.
28. (1) Subject to the other provisions of this section, a person
shall forfeit forthwith his Beninn citizenship if, not being a
citizen of Benin by birth, he acquires or retains the citizenship or
nationality of a country, other than Benin, of which he is not a
citizen by birth.
(2) Any registration of a person as a citizen of Benin or the grant
of a certificate of naturalisation to a person who is a citizen of a
country other than Benin at the time of such registration or grant
shall, if he is not a citizen by birth of that other country, be
conditional upon effective renunciation of the citizenship or
nationality of that other country within a period of not more than
five months from the date of such registration or grant.
29. (1) Any citizen of Benin of full age who wishes to renounce his
Beninn citizenship shall make a declaration in the prescribed manner
for the renunciation.
(2) The President shall cause the declaration made under subsection
(1) of this section to be registered and upon such registration, the
person who made the declaration shall cease to be a citizen of
Benin.
(3) The President may withhold the registration of any declaration
made under subsection (1) of this section if-
(a) the declaration is made during any war in which Benin is
physically involved; or
(b) in his opinion, it is otherwise contrary to public policy.
(4) For the purposes of subsection (1) of this section.
(a) "full age" means the age of eighteen years and above;
(b) any woman who is married shall be deemed to be of full age.
30. (1) The President may deprive a person, other than a person who
is a citizen of Benin by birth or by registration, of his
citizenship, if he is satisfied that such a person has, within a
period of seven years after becoming naturalised, been sentenced to
imprisonment for a term of not less than three years.
(2) The President shall deprive a person, other than a person who is
citizen of Benin by birth, of his citizenship, if he is satisfied
from the records of proceedings of a court of law or other tribunal
or after due inquiry in accordance with regulations made by him,
that -
(a) the person has shown himself by act or speech to be disloyal
towards the Republic of benin; or
(b) the person has, during any war in which Benin was engaged,
unlawfully traded with the enemy or been engaged in or associated
with any business that was in the opinion of the president carried
on in such a manner as to assist the enemy of Benin in that war, or
unlawfully communicated with such enemy to the detriment of or with
intent to cause damage to the interest of Benin.
31. For the purposes of this Chapter, a parent or grandparent of a
person shall be deemed to be a citizen of Benin if at the time of
the birth of that person such parent or grandparent would have
possessed that status by birth if he had been alive on the date of
independence; and in this section, "the date of independence" has
the meaning assigned to it in section 25 (2) of this Constitution.
32. (1) The president may make regulations, not inconsistent with
this Chapter, prescribing all matters which are required or
permitted to be prescribed or which are necessary or convenient to
be prescribed for carrying out or giving effect to the provisions of
this Chapter, and for granting special immigrant status with full
residential rights to non-Beninn spouses of citizens of Benin who do
not wish to acquire Beninn citizenship.
(2) Any regulations made by the president pursuant to the provisions
of this section shall be laid before the National Assembly.
Chapter IV ^^^^
Fundamental Rights
33. (1) Every person has a right to life, and no one shall be
deprived intentionally of his life, save in execution of the
sentence of a court in respect of a criminal offence of which he has
been found guilty in Benin.
(2) A person shall not be regarded as having been deprived of his
life in contravention of this section, if he dies as a result of the
use, to such extent and in such circumstances as are permitted by
law, of such force as is reasonably necessary -
(a) for the defence of any person from unlawful violence or for the
defence of property:
(b) in order to effect a lawful arrest or to prevent the escape of a
person lawfully detained; or
(c) for the purpose of suppressing a riot, insurrection or mutiny.
34. (1) Every individual is entitled to respect for the dignity of
his person, and accordingly -
(a) no person shall be subject to torture or to inhuman or degrading
treatment;
(b) no person shall he held in slavery or servitude; and
(c) no person shall be required to perform forced of compulsory
labour.
(2) for the purposes of subsection (1) (c) of this section, "forced
or compulsory labour" does not include -
(a) any labour required in consequence of the sentence or order of a
court;
(b) any labour required of members of the armed forces of the
Federation or the Benin Police Force in pursuance of their duties as
such;
(c) in the case of persons who have conscientious objections to
service in the armed forces of the Federation, any labour required
instead of such service;
(d) any labour required which is reasonably necessary in the event
of any emergency or calamity threatening the life or well-being of
the community; or
(e) any labour or service that forms part of -
(i) normal communal or other civic obligations of the well-being of
the community.
(ii) such compulsory national service in the armed forces of the
Federation as may be prescribed by an Act of the National Assembly,
or
(iii) such compulsory national service which forms part of the
education and training of citizens of Benin as may be prescribed by
an Act of the National Assembly.
35. (1) Every person shall be entitled to his personal liberty and
no person shall be deprived of such liberty save in the following
cases and in accordance with a procedure permitted by law -
(a) in execution of the sentence or order of a court in respect of a
criminal offence of which he has been found guilty;
(b) by reason of his failure to comply with the order of a court or
in order to secure the fulfilment of any obligation imposed upon him
by law;
(c) for the purpose of bringing him before a court in execution of
the order of a court or upon reasonable suspicion of his having
committed a criminal offence, or to such extent as may be reasonably
necessary to prevent his committing a criminal offence;
(d) in the case of a person who has not attained the age of eighteen
years for the purpose of his education or welfare;
(e) in the case of persons suffering from infectious or contagious
disease, persons of unsound mind, persons addicted to drugs or
alcohol or vagrants, for the purpose of their care or treatment or
the protection of the community; or
(f) for the purpose of preventing the unlawful entry of any person
into Benin or of effecting the expulsion, extradition or other
lawful removal from Benin of any person or the taking of proceedings
relating thereto:
Provided that a person who is charged with an offence and who has
been detained in lawful custody awaiting trial shall not continue to
be kept in such detention for a period longer than the maximum
period of imprisonment prescribed for the offence.
(2) Any person who is arrested or detained shall have the right to
remain silent or avoid answering any question until after
consultation with a legal practitioner or any other person of his
own choice.
(3) Any person who is arrested or detained shall be informed in
writing within twenty-four hours (and in a language that he
understands) of the facts and grounds for his arrest or detention.
(4) Any person who is arrested or detained in accordance with
subsection (1) (c) of this section shall be brought before a court
of law within a reasonable time, and if he is not tried within a
period of -
(a) two months from the date of his arrest or detention in the case
of a person who is in custody or is not entitled to bail; or
(b) three months from the date of his arrest or detention in the
case of a person who has been released on bail, he shall (without
prejudice to any further proceedings that may be brought against
him) be released either unconditionally or upon such conditions as
are reasonably necessary to ensure that he appears for trial at a
later date.
(5) In subsection (4) of this section, the expression "a reasonable
time" means -
(a) in the case of an arrest or detention in any place where there
is a court of competent jurisdiction within a radius of forty
kilometres, a period of one day; and
(b) in any other case, a period of two days or such longer period as
in the circumstances may be considered by the court to be
reasonable.
(6) Any person who is unlawfully arrested or detained shall be
entitled to compensation and public apology from the appropriate
authority or person; and in this subsection, "the appropriate
authority or person" means an authority or person specified by law.
(7) Nothing in this section shall be construed -
(a) in relation to subsection (4) of this section, as applying in
the case of a person arrested or detained upon reasonable suspicion
of having committed a capital offence; and
(b) as invalidating any law by reason only that it authorises the
detention for a period not exceeding three months of a member of the
armed forces of the federation or a member of the Benin Police Force
in execution of a sentence imposed by an officer of the armed forces
of the Federation or of the Benin police force, in respect of an
offence punishable by such detention of which he has been found
guilty.
36. (1) In the determination of his civil rights and obligations,
including any question or determination by or against any government
or authority, a person shall be entitled to a fair hearing within a
reasonable time by a court or other tribunal established by law and
constituted in such manner as to secure its independence and
impartiality.
(2) Without prejudice to the foregoing provisions of this section, a
law shall not be invalidated by reason only that it confers on any
government or authority power to determine questions arising in the
administration of a law that affects or may affect the civil rights
and obligations of any person if such law -
(a) provides for an opportunity for the persons whose rights and
obligations may be affected to make representations to the
administering authority before that authority makes the decision
affecting that person; and
(b) contains no provision making the determination of the
administering authority final and conclusive.
(3) The proceedings of a court or the proceedings of any tribunal
relating to the matters mentioned in subsection (1) of this section
(including the announcement of the decisions of the court or
tribunal) shall be held in public.
(4) Whenever any person is charged with a criminal offence, he
shall, unless the charge is withdrawn, be entitled to a fair hearing
in public within a reasonable time by a court or tribunal:
Provided that -
(a) a court or such a tribunal may exclude from its proceedings
persons other than the parties thereto or their legal practitioners
in the interest of defence, public safety, public order, public
morality, the welfare of persons who have not attained the age of
eighteen years, the protection of the private lives of the parties
or to such extent as it may consider necessary by reason of special
circumstances in which publicity would be contrary to the interests
of justice;
(b) if in any proceedings before a court or such a tribunal, a
Minister of the Government of the Federation or a commissioner of
the government of a State satisfies the court or tribunal that it
would not be in the public interest for any matter to be publicly
disclosed, the court or tribunal shall make arrangements for
evidence relating to that matter to be heard in private and shall
take such other action as may be necessary or expedient to prevent
the disclosure of the matter.
(5) Every person who is charged with a criminal offence shall be
presumed to be innocent until he is proved guilty;
Provided that nothing in this section shall invalidate any law by
reason only that the law imposes upon any such person the burden of
proving particular facts.
(6) Every person who is charged with a criminal offence shall be
entitled to -
(a) be informed promptly in the language that he understands and in
detail of the nature of the offence;
(b) be given adequate time and facilities for the preparation of his
defence;
(c) defend himself in person or by legal practitioners of his own
choice;
(d) examine, in person or by his legal practitioners, the witnesses
called by the prosecution before any court or tribunal and obtain
the attendance and carry out the examination of witnesses to testify
on his behalf before the court or tribunal on the same conditions as
those applying to the witnesses called by the prosecution; and
(e) have, without payment, the assistance of an interpreter if he
cannot understand the language used at the trial of the offence.
(7) When any person is tried for any criminal offence, the court or
tribunal shall keep a record of the proceedings and the accused
person or any persons authorised by him in that behalf shall be
entitled to obtain copies of the judgement in the case within seven
days of the conclusion of the case.
(8) No person shall be held to be guilty of a criminal offence on
account of any act or omission that did not, at the time it took
place, constitute such an offence, and no penalty shall be imposed
for any criminal offence heavier than the penalty in force at the
time the offence was committed
(9) No person who shows that he has been tried by any court of
competent jurisdiction or tribunal for a criminal offence and either
convicted or acquitted shall again be tried for that offence or for
a criminal offence having the same ingredients as that offence save
upon the order of a superior court.
(10) No person who shows that he has been pardoned for a criminal
offence shall again be tried for that offence.
(11) No person who is tried for a criminal offence shall be
compelled to give evidence at the trial.
(12) Subject as otherwise provided by this Constitution, a person
shall not be convicted of a criminal offence unless that offence is
defined and the penalty therefor is prescribed in a written law, and
in this subsection, a written law refers to an Act of the National
Assembly or a Law of a State, any subsidiary legislation or
instrument under the provisions of a law.
37. The privacy of citizens, their homes, correspondence, telephone
conversations and telegraphic communications is hereby guaranteed
and protected.
38. (1) Every person shall be entitled to freedom of thought,
conscience and religion, including freedom to change his religion or
belief, and freedom (either alone or in community with others, and
in public or in private) to manifest and propagate his religion or
belief in worship, teaching, practice and observance.
(2) No person attending any place of education shall be required to
receive religious instruction or to take part in or attend any
religious ceremony or observance if such instruction ceremony or
observance relates to a religion other than his own, or religion not
approved by his parent or guardian.
(3) No religious community or denomination shall be prevented from
providing religious instruction for pupils of that community or
denomination in any place of education maintained wholly by that
community or denomination.
(4) Nothing in this section shall entitle any person to form, take
part in the activity or be a member of a secret society.
39. (1) Every person shall be entitled to freedom of expression,
including freedom to hold opinions and to receive and impart ideas
and information without interference.
(2) Without prejudice to the generality of subsection (1) of this
section, every person shall be entitled to own, establish and
operate any medium for the dissemination of information, ideas and
opinions:
Provided that no person, other than the Government of the Federation
or of a State or any other person or body authorised by the
President on the fulfilment of conditions laid down by an Act of the
National Assembly, shall own, establish or operate a television or
wireless broadcasting station for, any purpose whatsoever.
(3) Nothing in this section shall invalidate any law that is
reasonably justifiable in a democratic society -
(a) for the purpose of preventing the disclosure. of information
received in confidence, maintaining the authority and independence
of courts or regulating telephony, wireless broadcasting, television
or the exhibition of cinematograph films; or
(b) imposing restrictions upon persons holding office under the
Government of the Federation or of a State, members of the armed
forces of the Federation or members of the Benin Police Force or
other Government security services or agencies established by law.
40. Every person shall be entitled to assemble freely and associate
with other persons, and in particular he may form or belong to any
political party, trade union or any other association for the
protection of his interests:
Provided that the provisions of this section shall not derogate from
the powers conferred by this Constitution on the Independent
National Electoral Commission with respect to political parties to
which that Commission does not accord recognition.
41. (1) Every citizen of Benin is entitled to move freely throughout
Benin and to reside in any part thereof, and no citizen of Benin
shall be expelled from Benin or refused entry thereby or exit
therefrom.
(2) Nothing in subsection (1) of this section shall invalidate any
law that is reasonably justifiable in a democratic society-
(a) imposing restrictions on the residence or movement of any person
who has committed or is reasonably suspected to have committed a
criminal offence in order to prevent him from leaving Benin; or
(b) providing for the removal of any person from Benin to any other
country to:-
(i) be tried outside Benin for any criminal offence, or
(ii) undergo imprisonment outside Benin in execution of the sentence
of a court of law in respect of a criminal offence of which he has
been found guilty:
Provided that there is reciprocal agreement between Benin and such
other country in relation to such matter.
42. (1) A citizen of Benin of a particular community, ethnic group,
place of origin, sex, religion or political opinion shall not, by
reason only that he is such a person:-
(a) be subjected either expressly by, or in the practical
application of, any law in force in Benin or any executive or
administrative action of the government, to disabilities or
restrictions to which citizens of Benin of other communities, ethnic
groups, places of origin, sex, religions or political opinions are
not made subject; or
(b) be accorded either expressly by, or in the practical application
of, any law in force in Benin or any such executive or
administrative action, any privilege or advantage that is not
accorded to citizens of Benin of other communities, ethnic groups,
places of origin, sex, religions or political opinions.
(2) No citizen of Benin shall be subjected to any disability or
deprivation merely by reason of the circumstances of his birth.
(3) Nothing in subsection (1) of this section shall invalidate any
law by reason only that the law imposes restrictions with respect to
the appointment of any person to any office under the State or as a
member of the armed forces of the Federation or member of the Benin
Police Forces or to an office in the service of a body, corporate
established directly by any law in force in Benin.
43. Subject to the provisions of this Constitution, every citizen of
Benin shall have the right to acquire and own immovable property
anywhere in Benin.
44. (1) No moveable property or any interest in an immovable
property shall be taken possession of compulsorily and no right over
or interest in any such property shall be acquired compulsorily in
any part of Benin except in the manner and for the purposes
prescribed by a law that, among other things -
(a) requires the prompt payment of compensation therefore and
(b) gives to any person claiming such compensation a right of access
for the determination of his interest in the property and the amount
of compensation to a court of law or tribunal or body having
jurisdiction in that part of Benin.
(2) Nothing in subsection (1) of this section shall be construed as
affecting any general law.
(a) for the imposition or enforcement of any tax, rate or duty;
(b) for the imposition of penalties or forfeiture for breach of any
law, whether under civil process or after conviction for an offence;
(c) relating to leases, tenancies, mortgages, charges, bills of sale
or any other rights or obligations arising out of contracts.
(d) relating to the vesting and administration of property of
persons adjudged or otherwise declared bankrupt or insolvent, of
persons of unsound mind or deceased persons, and of corporate or
unincorporate bodies in the course of being wound-up;
(e) relating to the execution of judgements or orders of court;
(f) providing for the taking of possession of property that is in a
dangerous state or is injurious to the health of human beings,
plants or animals;
(g) relating to enemy property;
(h) relating to trusts and trustees;
(i) relating to limitation of actions;
(j) relating to property vested in bodies corporate directly
established by any law in force in Benin;
(k) relating to the temporary taking of possession of property for
the purpose of any examination, investigation or enquiry;
(l) providing for the carrying out of work on land for the purpose
of soil-conservation; or
(m) subject to prompt payment of compensation for damage to
buildings, economic trees or crops, providing for any authority or
person to enter, survey or dig any land, or to lay, install or erect
poles, cables, wires, pipes, or other conductors or structures on
any land, in order to provide or maintain the supply or distribution
of energy, fuel, water, sewage, telecommunication services or other
public facilities or public utilities.
(3) Notwithstanding the foregoing provisions of this section, the
entire property in and control of all minerals, mineral oils and
natural gas in under or upon any land in Benin or in, under or upon
the territorial waters and the Exclusive Economic Zone of Benin
shall vest in the Government of the Federation and shall be managed
in such manner as may be prescribed by the National Assembly.
45. (1) Nothing in sections 37, 38, 39, 40 and 41 of this
Constitution shall invalidate any law that is reasonably justifiable
in a democratic society
(a) in the interest of defence, public safety, public order, public
morality or public health; or
(b) for the purpose of protecting the rights and freedom or other
persons
(2) An act of the National Assembly shall not be invalidated by
reason only that it provides for the taking, during periods of
emergency, of measures that derogate from the provisions of section
33 or 35 of this Constitution; but no such measures shall be taken
in pursuance of any such act during any period of emergency save to
the extent that those measures are reasonably justifiable for the
purpose of dealing with the situation that exists during that period
of emergency:
Provided that nothing in this section shall authorise any derogation
from the provisions of section 33 of this Constitution, except in
respect of death resulting from acts of war or authorise any
derogation from the provisions of section 36(8) of this
Constitution.
(3) In this section, a " period of emergency" means any period
during which there is in force a Proclamation of a state of
emergency declared by the President in exercise of the powers
conferred on him under section 305 of this Constitution.
46. (1) Any person who alleges that any of the provisions of this
Chapter has been, is being or likely to be contravened in any State
in relation to him may apply to a High Court in that State for
redress.
(2) Subject to the provisions of this Constitution, a High Court
shall have original jurisdiction to hear and determine any
application made to it in pursuance of this section and may make
such orders, issue such writs and give such directions as it may
consider appropriate for the purpose of enforcement or securing the
enforcing within that State of any right to which the person who
makes the application may be entitled under this Chapter.
(3) The Chief Justice of Benin may make rules with respect to the
practice and procedure of a High Court for the purposes of this
section.
(4) The National Assembly -
(a) may confer upon a High Court such powers in addition to those
conferred by this section as may appear to the National Assembly to
be necessary or desirable for the purpose of enabling the court more
effectively to exercise the jurisdiction conferred upon it by this
section; and
(b) shall make provisions-
(i) for the rendering of financial assistance to any indigent
citizen of Benin where his right under this Chapter has been
infringed or with a view to enabling him to engage the services of a
legal practitioner to prosecute his claim, and
(ii) for ensuring that allegations of infringement of such rights
are substantial and the requirement or need for financial or legal
aid is real.
Chapter V ^^^^
The Legislature
Part I
National Assembly
A - Composition and Staff of National Assembly
47. There shall be a National Assembly for the Federation which
shall consist of a Senate and a House of Representatives.
48. The Senate shall consist of three Senators from each State and
one from the Capital Territory, Cotonou.
49. Subject to the provisions of this Constitution, the House of
Representatives shall consist of three hundred and sixty members
representing constituencies of nearly equal population as far as
possible, provided that no constituency shall fall within more than
one State.
50. (1) There shall be:-
(a) a President and a Deputy President of the Senate, who shall be
elected by the members of that House from among themselves; and
(b) a Speaker and a Deputy Speaker of the House of Representatives,
who shall be elected by the members of that House from among
themselves.
(2) The President or Deputy President of the Senate or the Speaker
or Deputy Speaker of the House of Representatives shall vacate his
office -
(a) if he ceases to be a member of the Senate or of the House of
Representatives, as the case may be, otherwise than by reason of a
dissolution of the Senate or the House of Representatives; or
(b) when the House of which he was a member first sits after any
dissolution of that House; or
(c) if he is removed from office by a resolution of the Senate or of
the House of Representatives, as the case may be, by the votes of
not less than two-thirds majority of the members of that House.
51. There shall be a Clerk to the National Assembly and such other
staff as may be prescribed by an Act of the National Assembly, and
the method of appointment of the Clerk and other staff of the
National Assembly shall be as prescribed by that tab
B - Procedure for Summoning and Dissolution of National Assembly
52. (1) Every member of the Senate or the House of Representatives
shall, before taking his seat, declare his assets and liabilities as
prescribed in this Constitution and subsequently take and subscribe
the Oath of Allegiance and the oath of membership as prescribed in
the Seventh Schedule to this Constitution before the President of
the Senate or, as the case may be, the Speaker of the House of
Representatives, but a member may before taking the oaths take part
in the election of a President and a Deputy President of the Senate,
as the case may be, or a Speaker and a Deputy Speaker of the House
of Representatives.
(2) The President and Deputy President of the Senate and the Speaker
and the Deputy Speaker of the House of Representative s shall
declare their assets and liabilities as prescribed in this
Constitution and subsequently take and subscribe the Oath of
Allegiance and the oath of membership prescribed as aforesaid before
the Clerk of the National Assembly.
53. (1) At any sitting of the National Assembly -
(a) in the case of the Senate, the President of the Senate shall
preside, and in his absence the Deputy President shall preside; and
(b) in the case of the House of Representatives, the Speaker of that
House shall preside, and in his absence the Deputy Speaker shall
preside.
(2) At any joint sitting of the Senate and House of Representatives
-
(a) the President of Senate shall preside, and in his absence the
Speaker of the House of Representatives shall preside; and
(b) in the absence of the persons mentioned in paragraph (a) of this
subsection, the Deputy President of the Senate shall preside, and in
his absence the Deputy Speaker of the House of Representatives shall
preside.
(3) In the absence of the persons mentioned in the foregoing
provisions of this section, such member of the Senate or the House
of Representatives or of the joint sitting, as the case may be, as
the Senate or the House of Representatives or the joint sitting may
elect for that purpose shall preside.
54. (1) The quorum of the Senate or of the House of Representatives
shall be one-third of all the members on of the Legislative House
concerned.
(2) The quorum of a joint sitting of both the Senate or of the House
of Representatives shall be one-third of all the members of both
Houses.
(3) If objection is taken by any member of the Senate or the House
of Representatives present that there are present in the House of
which he is a member (besides the person presiding fewer than
one-third of all the members of that House and that it is not
competent for the House to transact business, and after such
interval as may be prescribed in the rules of procedure of the
House, the person presiding ascertains that the number of members
present is still less than one-third of all the members of the House
he shall adjourn the House.
(4) The foregoing provisions of this section shall apply in relation
to a joint sitting of both Houses of the National Assembly as they
apply in relation to a House of the National Assembly as if
references to the Senate or the House of Representatives and a
member of either Houses are references to both Houses and to any
member of the National Assembly, respectively.
55. The business of the National Assembly shall be conducted in
English, and in Hausa, Ibo and Yoruba when adequate arrangements
have been made therefor.
56. (1) Except as otherwise provided by this Constitution any
question proposed for decision in the Senate or the House of
Representatives shall be determined by the required majority or the
members present and voting; and the person presiding shall cast a
vote whenever necessary y to avoid an equality of votes but shall
not vote in any other case.
(2) Except as otherwise provided by this Constitution, the required
majority for the purpose of determining any question shall be a
simple majority.
(3) The Senate or the House of Representatives shall by its rules
provide -
(a) that a member of the House shall declare any direct pecuniary
interest he may have in any matter coming before the House for
deliberation;
(b) that the House may by resolution decide whether or not such
member may vote, or participate in its deliberations, on such
matter;
(c) the penalty, if any, which the House may impose for failure to
declare any direct pecuniary interest such member may have; and`
(d) for such other matters pertaining to the foregoing as the House
may think necessary,
but nothing in the foregoing provisions shall enable any rules to be
made to require any member, who signifies his intention not to vote
on or participate in such matter, and who does not so vote or
participate, to declare any such interest.
57. Any person who sits or votes in the Senate or the House of
Representatives knowing or having reasonable grounds for knowing
that he is not entitled to do so commits an offence and is liable on
conviction to such punishment as shall be prescribed by an Act of
the National Assembly.
58. (1) The power of the National Assembly to make laws shall be
exercised by bills passed by both the Senate and the House of
Representatives and, except as otherwise provided by subsection (5)
of this section, assented to by the President.
(2) A bill may originate in either the Senate or the House of
Representatives and shall not become law unless it has been passed
and, except as otherwise provided by this section and section 59 of
this Constitution, assented to in accordance with the provisions of
this section.
(3) Where a bill has been passed by the House in which it
originated, it shall be sent to the other House, and it shall be
presented to the President for assent when it has been passed by
that other House and agreement has been reached between the two
Houses on any amendment made on it.
(4) Where a bill is presented to the President for assent, he shall
within thirty days thereof signify that he assents or that he
withholds assent.
(5) Where the President withholds his assent and the bill is again
passed by each House by two-thirds majority, the bill shall become
law and the assent of the President shall not be required.
59. (1) The provisions of this section shall apply to:
(a) an appropriation bill or a supplementary appropriation bill,
including any other bill for the payment, issue or withdrawal from
the Consolidated Revenue Fund or any other public fund of the
Federation of any money charged thereon or any alteration in the
amount of such a payment, issue or withdrawal; and
(b) a bill for the imposition of or increase in any tax, duty or fee
or any reduction, withdrawal or cancellation thereof.
(2) Where a bill to which this section applies is passed by one of
the Houses of the National Assembly but is not passed by the other
House within a period of two months from the commencement of a
financial year, the President of the Senate shall within fourteen
days thereafter arrange for and convene a meeting of the joint
finance committee to examine the bill with a view to resolving the
differences between the two Houses.
(3) Where the joint finance committee fails to resolve such
differences, then the bill shall be presented to the National
Assembly sitting at a joint meeting, and if the bill is passed at
such joint meeting, it shall be presented to the President for
assent.
(4) Where the President, within thirty days after the presentation
of the bill to him, fails to signify his assent or where he
withholds assent, then the bill shall again be presented to the
National Assembly sitting at a joint meeting, and if passed by
two-thirds majority of members of both houses at such joint meeting,
the bill shall become law and the assent of the President shall not
be required.
(5) In this section, "joint finance committee" refers to the joint
committee of the National Assembly on finance established pursuant
to section 62(3) of this Constitution.
60. Subject to the provisions of this Constitution, the Senate or
the House of Representatives shall have power to regulate its own
procedure, including the procedure for summoning and recess of the
House.
61. The Senate or the House of Representatives may act
notwithstanding any vacancy in its membership, and the presence or
participation of any person not entitled to be present at or to
participate in the proceedings of the House shall not invalidate
those proceedings.
62. (1) The Senate or the House of Representatives may appoint a
committee of its members for such special or general purpose as in
its opinion would be better regulated and managed by means of such a
committee, and may by resolution, regulation or otherwise, as it
thinks fit, delegate any functions exercisable by it to any such
committee.
(2) The number of members of a committee appointed under this
section, their terms of office and quorum shall be fixed by the
House appointing it.
(3) The Senate and the House of Representatives shall appoint a
joint committee on finance consisting of an equal number of persons
appointed by each House and may appoint any other joint committee
under the provisions of this section.
(4) Nothing in this section shall be construed as authorising such
House to delegate to a committee the power to decide whether a bill
shall be passed into law or to determine any matter which it is
empowered to determine by resolution under the provisions of this
Constitution, but the committee may be authorised to make
recommendations to the House on any such matter.
63. The Senate and the House of Representatives shall each sit for a
period of not less than one hundred and eighty-one days in a year.
64. (1) The Senate and the House of Representatives shall each stand
dissolved at the expiration of a period of four years commencing
from the date of the first sitting of the House.
(2) If the Federation is at war in which the territory of Benin is
physically involved and the President considers that it is not
practicable to hold elections, the National Assembly may by
resolution extend the period of four years mentioned in subsection
(1) of this section from time to time but not beyond a period of six
months at any one time.
(3) Subject to the provisions of this Constitution, the person
elected as the President shall have power to issue a proclamation
for the holding of the first session of the National Assembly
immediately after his being sworn in, or for its dissolution as
provided in this section.
C - Qualifications for Membership of National Assembly and Right of
Attendance
65. (1) Subject to the provisions of section 66 of this
Constitution, a person shall be qualified for election as a member
of:
(a) the Senate, if he is a citizen of Benin and has attained the age
of 35 years; and
(b) the House of Representatives, if he is a citizen of Benin and
has attained the age of 30 years;
(2) A person shall be qualified for election under subsection (1) of
this section if:
(a) he has been educated up to at least School Certificate level or
its equivalent; and
(b) he is a member of a political party and is sponsored by that
party.
66. (1) No person shall be qualified for election to the Senate or
the House of Representatives if:
(a) subject to the provisions of section 28 of this Constitution, he
has voluntarily acquired the citizenship of a country other than
Benin or, except in such cases as may be prescribed by the National
Assembly, has made a declaration of allegiance to such a country;
(b) under any law in force in any part of Benin, he is adjudged to
be a lunatic or otherwise declared to be of unsound mind;
(c) he is under a sentence of death imposed on him by any competent
court of law or tribunal in Benin or a sentence of imprisonment or
fine for an offence involving dishonesty or fraud (by whatever name
called) or any other offence imposed on him by such a court or
tribunal or substituted by a competent authority for any other
sentence imposed on him by such a court;
(d) within a period of less than 10 years before the date of an
election to a legislative house, he has been convicted and sentenced
for an offence involving dishonesty or he has been found guilty of a
contravention of the Code of Conduct;
(e) he is an undischarged bankrupt, having been adjudged or
otherwise declared bankrupt under any law in force in any part of
Benin;
(f) he is a person employed in the public service of the Federation
or of any State and has not resigned, withdrawn or retired from such
employment 30 days before the date of election;
(g) he is a member of a secret society;
(h) he has been indicted for embezzlement or fraud by Judicial
Commission of Inquiry or an Administrative Panel of Inquiry or a
Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of
Inquiry Law or any other law by the or State Government which
indictment has been accepted by the or State Governments
respectively; or.
(i) he has presented a forged certificate to the Independence
National Electoral Commission.
(2) Where in respect of any person who has been-
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced to death or imprisonment; or
(d) adjudged or declared bankrupt,
any appeal against the decision is pending in any court of law in
accordance with any law in force in Benin, subsection (1) of the
section shall not apply during a period beginning from the date when
such appeal is lodged and ending on the date when the appeal is
finally determined or, as the case may be, the appeal lapses or is
abandoned, whichever is earlier.
(3) For the purposes of subsection (2) of this section "appeal"
includes any application for an injunction or an order certiorari,
mandamus, prohibition or habeas corpus, or any appeal from any such
application.
67. (1) The President may attend any joint meeting of the National
Assembly or any meeting of either House of the National Assembly,
either to deliver an address on national affairs including fiscal
measures, or to make such statement on the policy of government as
he considers to be of national importance.
(2) A Minister of the Government of the Federation attend either
House of the National Assembly if invited to express to the House
the conduct of his Ministry, and in particular when the affairs of
that Ministry are under discussion.
(3) Nothing in this section shall enable any person who is not a
member of the Senate or of the House of Representatives to vote in
that House or in any of its committees.
68. (1) A member of the Senate or of the House of Representatives
shall vacate his seat in the House of which he is a member if -
(a) he becomes a member of another legislative house.
(b) any other circumstances arise that, if he were not a member of
the Senate or the House of Representatives, would cause him to be
disqualified for election as a member;
(c) he ceases to be a citizen of Benin;
(d) he becomes President, Vice-President, Governor, Deputy Governor
or a Minister of the Government of the Federation or a Commissioner
of the Government of a State or a Special Adviser.
(e) save as otherwise prescribed by this Constitution, he becomes a
member of a commission or other body established by this
Constitution or by any other law.
(f) without just cause he is absent from meetings of the House of
which he is a member for a period amounting in the aggregate to more
than one-third of the total number of days during which the House
meets in any one year;
(g) being a person whose election to the House was sponsored by a
political party, he becomes a member of another political party
before the expiration of the period for which that House was
elected;
Provided that his membership of the latter political party is not as
a result of a division in the political party of which he was
previously a member or of a merger of two or more political parties
or factions by one of which he was previously sponsored; or
(h) the President of the Senate or, as the case may be, the Speaker
of the House of Representatives receives a certificate under the
hand of the Chairman of the Independent National Electoral
Commission stating that the provisions of section 69 of this
Constitution have been complied with in respect of the recall of
that member.
(2) The President of the Senate or the Speaker of the House of
Representatives, as the case may be, shall give effect to the
provisions of subsection (1) of this section, so however that the
President of the Senate or the Speaker of the House of
Representatives or a member shall first present evidence
satisfactory to the House concerned that any of the provisions of
that subsection has become applicable in respect of that member.
(3) A member of the Senate or of the House of Representatives shall
be deemed to be absent without just cause from a meeting of the
House of which he is a member, unless the person presiding certifies
in writing that he is satisfied that the absence of the member from
the meeting was for a just cause.
69. A member of the Senate or of the House Representatives may be
recalled as such a member if -
(a) there is presented to the Chairman of the Independent National
Electoral Commission a petition in that behalf signed by more than
one-half of the persons registered to vote in that member's
constituency alleging their loss of confidence in that member; and
(b) the petition is thereafter, in a referendum conducted by the
Independent National Electoral Commission within ninety days of the
date of receipt of the petition, approved by a simple majority of
the votes of the persons registered to vote in that member's
constituency.
70. A member of the Senate or of the House of Representatives shall
receive such salary and other allowances as Revenue Mobilisation
Allocation and Fiscal Commission may determine
D - Elections to National Assembly
71. Subject to the provisions of section 72 of this Constitution,
the Independent National Electoral Commission shall -
(a) divide each State of the Federation into three Senatorial
districts for purposes of elections to the Senate; and
(b) subject to the provisions of section 49 of this Constitution,
divide the Federation into three hundred and sixty constituencies
for purposes of elections to the House of Representatives.
72. No Senatorial district or constituency shall fall within more
than one State, and the boundaries of each district or constituency
shall be as contiguous as possible and be such that the number of
inhabitants thereof is as nearly equal to the population quota as is
reasonably practicable.
73. (1) The Independent National Electoral Commission shall review
the division of States and of the Federation into Senatorial
districts and constituencies at intervals of not less than ten
years, and may alter the districts or constituencies in accordance
with the provisions of this section to such extent as it may
consider desirable in the light of the review.
(2) Notwithstanding subsection (1) of this section, the Independent
National Electoral Commission may at any time carry out such a
review and alter the districts or constituencies in accordance with
the provisions of this section to such extent as it considers
necessary, in consequence of any amendment to section 8 of this
Constitution or any provision replacing that section, or by reason
of the holding of a census of the population, or pursuant to an Act
of the National Assembly.
74. Where the boundaries of any Senatorial district or constituency
established under section 71 of this Constitution are altered in
accordance with the provisions section 73 hereof, the alteration
shall come into effect after it has been approved by each House of
the National Assembly and after the current life of the Senate (in
the case of an alteration to the boundaries of a Senatorial
district) or the House of s (in the case of an alteration to the
boundaries of a constituency).
75. For the purposes of section 72 of this Constitution, the number
of inhabitants of Benin or any part thereof shall be ascertained by
reference to the 1991 census of the population of Benin or the
latest census held in pursuance of an Act of the National Assembly
after the coming into force of the provisions of this Part of this
Chapter of this Constitution.
76. (1) Elections to each House of the National Assembly shall be
held on a date to be appointed by the Independent National Electoral
Commission.
(2) The date mentioned in subsection (1) of this section shall not
be earlier than sixty days before and not later than the date on
which the House stands dissolved, or where the election to fill a
vacancy occurring more than three months before such date; not later
than one month after the vacancy occurred.
77. (1) Subject to the provisions of this Constitution, every
Senatorial district or constituency established in accordance with
the provisions of this Part of this Chapter shall return a member
who shall be directly elected to the Senate or the House of
Representatives in such manner as may be prescribed by an act of the
National Assembly.
(2) Every citizen of Benin, who has attained the age of eighteen
years residing in Benin at the time of the registration of voters
for purposes of election to a legislative house, shall be entitled
to be registered as a voter for that election.
78. The registration of voters and the conduct of elections shall be
subject to the direction and supervision of Independent National
Electoral Commission.
79. The National Assembly shall make provisions in respects -
(a) persons who may apply to an election tribunal for determination
of any question as to whether -
(i) any person has been validly elected as a member of the Senate or
of the House of Representatives,
(ii) the term of office of any person has ceased, or
(iii) the seat in the Senate or in the House of Representatives of a
member of that House has become vacant;
(b) circumstances and manner in which, and the conditions upon
which, such application may be made; and
(c) powers, practice and procedure of the election tribunal in
relation to any such application.
E - Powers and Control over Public Funds
80. (1) All revenues or other moneys raised or received by the
Federation (not being revenues or other moneys payable under this
Constitution or any Act of the National Assembly into any other
public fund of the Federation established for a specific purpose)
shall be paid into and form one Consolidated Revenue Fund of the
Federation.
(2) No moneys shall be withdrawn from the Consolidated Revenue Fund
of the Federation except to meet expenditure that is charged upon
the fund by this Constitution or where the issue of those moneys has
been authorised by an Appropriation Act, Supplementary Appropriation
Act or an Act passed in pursuance of section 81 of this
Constitution.
(3) No moneys shall be withdrawn from any public fund of the
Federation, other than the Consolidated Revenue Fund of the
Federation, unless the issue of those moneys has been authorised by
an Act of the National Assembly.
(4) No moneys shall be withdrawn from the Consolidated Revenue Fund
or any other public fund of the Federation, except in the manner
prescribed by the National Assembly.
81. (1) The President shall cause to be prepared and laid before
each House of the National Assembly at any time in each financial
year estimates of the revenues and expenditure of the Federation for
the next following financial year.
(2) The heads of expenditure contained in the estimates (other than
expenditure charged upon the Consolidated Revenue Fund of the
Federation by this Constitution) shall be included in a bill, to be
known as an Appropriation Bill, providing for the issue from the
Consolidated Revenue Fund of the sums necessary to meet that
expenditure and the appropriation of those sums for the purposes
specified therein.
(3) Any amount standing to the credit of the judiciary in the
Consolidated Revenue Fund of the Federation shall be paid directly
to the National Judicial Council for disbursement to the heads of
the courts established for the Federation and the State under
section 6 of this Constitution.
(4) If in respect of any financial year it is found that -
(a) the amount appropriated by the Appropriation Act for any purpose
is insufficient; or
(b) a need has arisen for expenditure for a purpose for which no
amount has been appropriated by the Act,
a supplementary estimate showing the sums required shall be laid
before each House of the National Assembly and the heads of any such
expenditure shall be included in a Supplementary Appropriation Bill.
82. If the Appropriation Bill in respect of any financial year has
not been passed into law by the beginning of the financial year, the
President may authorise the withdrawal of moneys in the Consolidated
Revenue Fund of the Federation for the purpose of meeting
expenditure necessary to carry on the services of the Government of
the Federation for a period not exceeding months or until the coming
into operation of the Appropriate Act, whichever is the earlier:
Provided that the withdrawal in respect of any such period shall not
exceed the amount authorised to be withdrawn from the Consolidated
Revenue Fund of the Federation under the provisions of the
Appropriation Act passed by the National Assembly for the
corresponding period in the immediately preceding financial year,
being an amount proportionate to the total amount so authorised for
the immediately preceding financial year.
83. (1) The National Assembly may by law make provisions for the
establishment of a Contingencies Fund for the Federation and for
authorising the President, if satisfied that there has arisen an
urgent and unforeseen need for expenditure for which no other
provision exists, to make advances from the Fund to meet the need.
(2) Where any advance is made in accordance with the provisions of
this section, a Supplementary Estimate shall be presented and a
Supplementary Appropriation Bill shall be introduced as soon as
possible for the purpose of replacing the amount so advanced.
84. (1) There shall be paid to the holders of the offices mentioned
in this section such remuneration, salaries and allowances as may be
prescribed by the National Assembly, but not exceeding the amount as
shall have been determined by the Revenue Mobilisation Allocation
and Fiscal Commission.
(2) The remuneration, salaries and allowances payable to the holders
of the offices so mentioned shall be a charge upon the Consolidated
Revenue Fund of the Federation.
(3) The remuneration and salaries payable to the holders of the said
offices and their conditions of service, other than allowances,
shall not be altered to their disadvantage after their appointment.
(4) The offices aforesaid are the offices of President,
Vice-President, Chief Justice of Benin, Justice of the Supreme
Court, President of the Court of Appeal, Justice of the Court of
Appeal, Chief Judge of the High Court, Judge of the High Court,
Chief Judge and Judge of the High Court of the Capital Territory,
Cotonou, Chief Judge of a State, Judge of the High Court of a State,
Grand Kadi of the Sharia Court of Appeal of the Capital Territory,
Cotonou, President and Judge of the Customary Court of Appeal of the
Capital Territory, Cotonou, Grand Kadi and Kadi of the Sharia Court
of Appeal of a State, President and Judge of the Customary Court of
Appeal of a State, the Auditor-General for the Federation and the
Chairmen and members of the following executive bodies, namely, the
Code of Conduct Bureau, the Civil Service Commission, the
Independent National Electoral Commission, the National Judicial
Council, the Judicial Service Commission, the Judicial Service
Committee of the Capital Territory, Cotonou, the Character
Commission, the Code of Conduct Tribunal, the National Population
Commission, the Revenue Mobilisation Allocation and Fiscal
Commission, the Benin Police Council and the Police Service
Commission.
(5) Any person who has held office as President or Vice-President
shall be entitled to pension for life at a rate equivalent to the
annual salary of the incumbent President or Vice-President:
Provided that such a person was not removed from office by the
process of impeachment or for breach of any provisions of this
Constitution.
(6) Any pension granted by virtue of subsection (5) of this section
shall be a charge upon the Consolidated Revenue Fund of the
Federation.
(7) The recurrent expenditure of judicial offices in the Federation
(in addition to salaries and allowances of the judicial officers
mentioned in subsection (4) of this section) shall be charge upon
the Consolidated Revenue Fund of the Federation.
85. (1) There shall be an Auditor-General for the Federation who
shall be appointed in accordance with the provisions of section 86
of this Constitution.
(2) The public accounts of the Federation and of all offices and
courts of the Federation shall be audited and reported on to the
Auditor-General who shall submit his reports to the National
Assembly; and for that purpose, the Auditor-General or any person
authorised by him in that behalf shall have access to all the books,
records, returns and other documents relating to those accounts.
(3) Nothing in subsection (2) of this section shall be construed as
authorising the Auditor-General to audit the accounts of or appoint
auditors for government statutory corporations, commissions,
authorities, agencies, including all persons and bodies established
by an Act of the National Assembly, but the Auditor-General shall -
(a) provide such bodies with -
(i) a list of auditors qualified to be appointed by them as external
auditors and from which the bodies shall appoint their external
auditors, and
(ii) guidelines on the level of fees to be paid to external
auditors; and
(b) comment on their annual accounts and auditor's reports thereon.
(4) The Auditor-General shall have power to conduct checks of all
government statutory corporations, commissions, authorities,
agencies, including all persons and bodies established by an Act of
the National Assembly.
(5) The Auditor-General shall, within ninety days of receipt of the
Accountant-General's financial statement, submit his reports under
this section to each House of the National Assembly and each House
shall cause the reports to be considered by a committee of the House
of the National Assembly responsible for public accounts.
(6) In the exercise of his functions under this Constitution, the
Auditor-General shall not be subject to the direction or control of
any other authority or person.
86. (1) The Auditor-General for the Federation shall be appointed by
the President on the recommendation of the Civil Service Commission
subject to confirmation by the Senate.
(2) The power to appoint persons to act in the office of the
Auditor-General shall vest in the President.
(3) Except with the sanction of a resolution of the Senate, no
person shall act in the office of the Auditor-General for a period
exceeding six months.
87. (1) A person holding the office of the Auditor-General for the
Federation shall be removed from 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
his-office (whether arising from infirmity of mind or body or any
other cause) or for misconduct.
(2) The Auditor-General shall not be removed from office before such
retiring age as may be prescribed by law, save in accordance with
the provisions of this section.
88. (1) Subject to the provisions of this Constitution, each House
of the National Assembly shall have power by resolution published in
its journal or in the Official Gazette of the Government of the
Federation to direct or cause to be directed investigation into -
(a) any matter or thing with respect to which it has power to make
laws, and
(b) the conduct of affairs of any person, authority, ministry or
government department charged, or intended to be charged, with the
duty of or responsibility for -
(i) executing or administering laws enacted by National Assembly,
and
(ii) disbursing or administering moneys appropriated or to be
appropriated by the National Assembly.
(2) The powers conferred on the National Assembly under the
provisions of this section are exercisable only for the purpose of
enabling it to -
(a) make laws with respect to any matter within its legislative
competence and correct any defects in existing laws; and
(b) expose corruption, inefficiency or waste in the execution or
administration of laws within its legislative competence and in the
disbursement or administration of funds appropriated by it.
89. (1) For the purposes of any investigation under section 88 of
this Constitutional and subject to the provisions thereof, the
Senate or the House of Representatives or a committee appointed in
accordance with section 62 of this Constitution shall have power to
-
(a) procure all such evidence, written or oral, direct or
circumstantial, as it may think necessary or desirable, and examine
all persons as witnesses whose evidence may be material or relevant
to the subject matter;
(b) require such evidence to be given on oath;
(c) summon any person in Benin to give evidence at any place or
produce any document or other thing in his possession or under his
control, and examine him as a witness and require him to produce any
document or other thing in his possession or under his control,
subject to all just exceptions; and
(d) issue a warrant to compel the attendance of any person who,
after having been summoned to attend, fails, refuses or neglects to
do so and does not excuse such failure, refusal or neglect to the
satisfaction of the House or the committee in question, and order
him to pay all costs which may have been occasioned in compelling
his attendance or by reason of his failure, refusal or neglect to
obey the summons, and also to impose such fine as may be prescribed
for any such failure, refused or neglect; and any fine so imposed
shall be recoverable in the same manner as a fine imposed by a court
of law.
(2) A summons or warrant issued under this section may be served or
executed by any member of the Benin Police Force or by any person
authorised in that behalf by the President of the Senate or the
Speaker of the House of Representatives, as the case may require.
Part II
House of Assembly of a State
A - Composition and Staff of House of Assembly
90. There shall be a House of Assembly for each of the States of the
Federation.
91. Subject to the provisions of this Constitution, a House of
Assembly of a State shall consist of three or four times the number
of seats which that State has in the House of Representatives
divided in a way to reflect, as far as possible nearly equal
population:
Provided that a House of Assembly of a State shall consist of not
less than twenty-four and not more than forty members.
92. (1) There shall be a Speaker and a Deputy Speaker of a House of
Assembly who shall be elected by the members of the House from among
themselves.
(2) The Speaker or Deputy Speaker of the House of Assembly shall
vacate his office -
(a) if he ceases to be a member of the House of Assembly otherwise
than by reason of the dissolution of the House;
(b) When the House first sits after any dissolution of House; or
(c) if he is removed from office by a resolution of House of
Assembly by the votes of not less than two-third majority of the
members of the House.
93. There shall be a Clerk to a House of Assembly and such other
staff as may be prescribed by a Law enacted by the House of
Assembly, and the method of appointment of the Clerk and other staff
of the House shall be as prescribed by that Law.
B - Procedure for Summoning and Dissolution of House of Assembly
94. (1) Every person elected to a House of Assembly shall before
taking his seat in that House, declare his assets and liabilities in
the manner prescribed in this Constitution and subsequently take and
subscribe before the Speaker of the House, the Oath of Allegiance
and oath of membership prescribed in the Seventh Schedule to this
Constitution, but a member may, before taking the oaths, take part
in the election of the Speaker and Deputy Speaker of the House of
Assembly.
(2) The Speaker and Deputy Speaker of a House of Assembly shall
declare their assets and liabilities in the manner prescribed by
this Constitution and subsequently take and subscribe to the Oath of
Allegiance and the oath of membership prescribed as aforesaid before
the Clerk of the House of Assembly.
95. (1) At any sitting of a House of Assembly, the Speaker of that
House shall preside, and in his absence the Deputy Speaker shall
preside.
(2) In the absence of the Speaker and Deputy Speaker of the House,
such member of the House as the House may elect for a purpose shall
preside.
96. (1) The quorum of a House of Assembly shall be one-third of all
the members of the House.
(2) If objection is taken by any member of a House of Assembly
present that there are present in that House (besides the person
presiding) fewer than one-third of all the members of that House and
that it is not competent for the House to transact business, and
after such interval as may be prescribed in the rules of procedure
of the House, the person presiding ascertains that the number of
members present is still less than one-third of all the members of
the House, he shall adjourn the House.
97. The business of a House of Assembly shall be conducted in
English, but the House may in addition to English conduct the
business of the House in one or more other languages spoken in the
State as the House may by resolution approve.
98. (1) Except as otherwise provided by this Constitution, any
question proposed for decision in a House of Assembly shall be
determined by the required majority of the members present and
voting; and the person presiding shall cast a vote whenever
necessary to avoid an equality of votes but shall not vote in any
other case.
(2) Except as otherwise provided by this Constitution, the required
majority for the purpose of determining any question shall be a
simple majority.
(3) A House of Assembly shall by its rules provide -
(a) that a member of the House shall declare any direct pecuniary
interest he may have in any matter coming before the House for
deliberation;
(b) that the House may by resolution decide whether or not such
member may vote or participate in its deliberations, on such matter;
(c) the penalty, if any, which the House may impose for failure to
declare any direct pecuniary interest such member may have; and
(d) for such other matters pertaining to the foregoing as the House
may think necessary, but nothing in this subsection shall enable any
rules to be made to require any member, who signifies his intention
not to vote on or participate in such matter, and who does not so
vote or participate, to declare any such interest.
99. Any person who sits or votes in a House of Assembly of a State
knowing or having reasonable grounds for knowing that he is not
entitled to do so commits an offence and is liable on conviction to
such punishment as shall be prescribed by a Law of the House of
Assembly.
100. (1) The power of a House of Assembly to make laws shall be
exercised by bills passed by the House of Assembly and, except as
otherwise provided by this section, assented to by the Governor.
(2) A bill shall not become Law unless it has been duly passed and,
subject to subsection (1) of this section, assented to in accordance
with the provisions of this section.
(3) Where a bill has been passed by the House of Assembly it shall
be presented to the Governor for assent.
(4) Where a bill is presented to the Governor for assent he shall
within thirty days thereof signify that he assents or that he
withholds assent.
(5) Where the Governor withholds assent and the bill is again passed
by the House of Assembly by two-thirds majority, the bill shall
become law and the assent of the Governor shall not be required.
101. Subject to the provisions of this Constitution, a House of
Assembly shall have power to regulate its own procedure, including
the procedure for summoning and recess of the House.
102. A House of Assembly may act notwithstanding any vacancy in its
membership, and the presence or participation of any person not
entitled to be present at or to participate in the proceedings of
the House shall not invalidate such proceedings.
103. (1) A House of Assembly may appoint a committee of its members
for any special or general purpose as in its opinion would be better
regulated and managed by means of such a committee, and may by
resolution, regulation or otherwise as it thinks fit delegate any
functions exercisable by it to any such committee.
(2) The number of members of a committee appointed under this
section, their term of office and quorum shall be fixed by the House
of Assembly.
(3) Nothing in this section shall be construed as authorising a
House of Assembly to delegate to a committee the power to decide
whether a bill shall be passed into Law or to determine any matter
which it is empowered to determine by resolution under the
provisions of this Constitution, but such a committee of the House
may be authorised to make recommendations to the House on any such
matter.
104. A House of Assembly shall sit for a period of not less than one
hundred and eighty-one days in a year.
105. (1) A House of Assembly shall stand dissolved at the expiration
of a period of four years commencing from the date of the first
sitting of the House.
(2) If the Federation is at war in which the territory of Benin is
physically involved and the President considers that it is not
practicable to hold elections, the National Assembly may by
resolution extend the period of four years mentioned in subsection
(1) of this section from time to time but not beyond a period of six
months at any one time.
(3) Subject to the provisions of this Constitution, the person
elected as the Governor of a State shall have power to issue a
proclamation for the holding of the first session of the House of
Assembly of the State concerned immediately after his being sworn
in, or for its dissolution as provided in this section.
C -Qualification for Membership of House of Assembly and Right of
Attendance
106. Subject to the provisions of section 107 of this Constitution,
a person shall be qualified for election as a member of a House of
Assembly if -
(a) he is a citizen of Benin;
(b) he has attained the age of thirty years;
(c) he has been educated up to at least the School Certificate level
or its equivalent; and
(d) he is a member of a political party and is sponsored by that
party.
107. (1) No person shall be qualified for election to a House of
Assembly if -
(a) subject to the provisions of Section 28 of this Constitution, he
has voluntarily acquired the citizenship of a country other than
Benin or, except in such cases as may be prescribed by the National
Assembly, has made a declaration of allegiance to such a country;
(b) under any law in force in any part of Benin, he is adjudged to
be a lunatic or otherwise declared to be of unsound mind;
(c) he is under a sentence of death imposed on him by any competent
court of law or tribunal in Benin or a sentence of imprisonment or
fine for an offence involving dishonesty or fraud (by whatever name
called) or any other offence imposed on him by such a court or
tribunal substituted by a competent authority for any other sentence
imposed on him by such a court or tribunal;
(d) within a period of less than ten years before the date of an
election to the House of Assembly, he has been convicted and
sentenced for an offence involving dishonesty or he has been found
guilty of a contravention of the Code of Conduct;
(e) he is an undischarged bankrupt, having been adjudged or
otherwise declared bankrupt under any law in force in any part of
Benin;
(f) he is a person employed in the public service of the Federation
or of any State and he has not resigned, withdrawn or retired from
such employment thirty days before the date of election;
(g) he is a member of any secret society;
(h) he has been indicted for embezzlement or fraud by a Judicial
Commission of Inquiry or an Administrative Panel of Inquiry or a
Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of
Inquiry Law or any other law by the and State Government which
indictment has been accepted by the or State Government,
respectively; or
(i) he has presented a forged certificate to the Independent
National Electoral Commission.
(2) Where in respect of any person who has been -
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced to death or imprisonment; or
(d) adjudged or declared bankrupt,
any appeal against the decision is pending in any court of law in
accordance with any law in force in Benin, subsection (1) of this
section shall not apply during a period beginning from the date when
such appeal is lodged and ending on the date when the appeal is
finally determined or, as the case may be, the appeal lapses or is
abandoned, whichever is earlier.
(3) For the purposes of subsection (2) of this section, an "appeal"
includes any application for an injunction or an order of
certiorari, mandamus, prohibition or habeas corpus, or any appeal
from any such application.
108. (1) The Governor of a State may attend a meeting of a House of
Assembly of the State either to deliver an address on State affairs
or to make such statement on the policy of government as he may
consider to be of importance to the State.
(2) A Commissioner of the Government of a State shall attend the
House of Assembly of the State if invited to explain to the House of
Assembly the conduct of his Ministry, and in particular when the
affairs of that Ministry are under discussion.
(3) Nothing in this section shall enable any person who is not a
member of a House of Assembly to vote in that House or in any of its
committees.
109. (1) A member of a House of Assembly shall vacate his seat in
the House if -
(a) he becomes a member of another legislative house;
(b) any other circumstances arise that, if he were not a member of
that House, would cause him to be disqualified for election as such
a member;
(c) he ceases to be a citizen of Benin;
(d) he becomes President, Vice-President, Governor, Deputy Governor
or a Minister of the Government of the Federation or a Commissioner
of the Government of a State or a Special Adviser;
(e) save as otherwise prescribed by this Constitution, he becomes a
member of a commission or other body established by this
Constitution or by any other law;
(f) without just cause he is absent from meetings of the House of
Assembly for a period amounting in the aggregate to more than
one-third of the total number of days during which the House meets
in any one year;
(g) being a person whose election to the House of Assembly was
sponsored by a political party, he becomes a member of another
political party before the expiration of the period for which that
House was elected:
Provided that his membership of the latter political party is not as
a result of a division in the political party of which he was
previously a member or of a merger of two or more political parties
or factions by one of which he was previously sponsored; or
(h) the Speaker of the House of Assembly receives a certificate
under the hand of the Chairman of the Independent National Electoral
Commission stating that the provisions of section 110 of this
Constitution have been complied with in respect of the recall of the
member.
(2) The Speaker of the House of Assembly shall give effect to
subsection (1) of this section, so however that the Speaker or a
member shall first present evidence satisfactory to the House that
any of the provisions of that subsection has become applicable in
respect of the member.
(3) A member of a House of Assembly shall be deemed to be absent
without just cause from a meeting of the House of Assembly unless
the person presiding certifies in writing that he is satisfied that
the absence of the member from the meeting was for a just cause.
110. A member of the House of Assembly may be recalled as such a
member if -
(a) there is presented to the Chairman of the Independent National
Electoral Commission a petition in that behalf signed by more than
one-half of the persons registered to vote in that members's
constituency alleging their loss of confidence in that member; and
(b) the petition is thereafter, in a referendum conducted by the
Independent National Electoral Commission within ninety days of the
date of the receipt of the petition, approved by a simple majority
of the votes of the persons registered to vote in that member's
constituency.
111. A member of the House of Assembly shall receive such salary and
other allowances as the Revenue Mobilisation Allocation and Fiscal
Commission may determine.
D - Elections to a House of Assembly
112. Subject to the provisions of sections 91 and 113 of this
Constitution, the Independent National Electoral Commission shall
divide every state in the federation into such number of state
constituencies as is equal to three or four times the number of
constituencies within that state.
113. The boundaries of each State constituency shall be such that
the number of inhabitants thereof is as nearly equal to the
population quota as is reasonably practicable.
114. (1) The Independent National Electoral Commission shall review
the division of every State into constituencies at intervals of not
less than ten years, and may alter such constituencies in accordance
with the provisions of this section to such extent as it may
consider desirable in the light of the review.
(2) The Independent National Electoral Commission may at any time
carry out such a review and alter the constituencies in accordance
with the provisions of this section to such extent as it considers
necessary in consequence of any alteration of the boundaries of the
State or by reason of the holding of a census of the population of
Benin in pursuance of an Act of the National Assembly.
115. Where the boundaries of any State constituency established
under section 112 of this Constitution are altered in accordance
with the provisions of section 114 of this Constitution, that
alteration shall come into effect after it has been approved by the
National Assembly and after the current life of the House of
Assembly.
116. (1) Elections to a House of Assembly shall be held on a date to
be appointed by the Independent National Electoral Commission.
(2) The date mentioned in subsection (1) of this section shall not
be earlier than sixty days before and not later than the date on
which the House of Assembly stands dissolved, or where the election
is to fill a vacancy occurring more than three months before such
date, not later than one month after the vacancy occurred.
117. (1) Subject to the provisions of this Constitution, every State
constituency established in accordance with the provisions of this
part of this Chapter shall return one member who shall be directly
elected to a House of Assembly in such manner as may be prescribed
by an Act of the National Assembly.
(2) Every citizen of Benin, who has attained the age of eighteen
years residing in Benin at the time of the registration of voters
for purposes of election to any legislative house, shall be entitled
to be registered as a voter for that election.
118. The registration of voters and the conduct of elections shall
be subject to the direction and supervision of the Independent
National Electoral Commission.
119. The National Assembly shall make provisions as respects -
(a) persons who may apply to an election tribunal for the
determination of any question as to whether -
(i) any person has been validly elected as a member of a House of
Assembly,
(ii) the term of office of any person has ceased, or
(iii) the seat in a House of Assembly of a member of that House has
become vacant;
(b) circumstances and manner in which, and the conditions upon
which, such application may be made; and
(c) powers, practice and procedure of the election tribunal in
relation to any such application.
E - Powers and Control over Public Funds
120. (1) All revenues or other moneys raised or received by a State
(not being revenues or other moneys payable under this Constitution
or any Law of a House of Assembly into any other public fund of the
State established for a specific purpose) shall be paid into and
form one Consolidated Revenue Fund of the State.
(2) No moneys shall be withdrawn from the Consolidated Revenue Fund
of the State except to meet expenditure that is charged upon the
Fund by this Constitution or where the issue of those moneys has
been authorised by an Appropriation Law, Supplementary Appropriation
Law or Law passed in pursuance of section 121 of this Constitution.
(3) No moneys shall be withdrawn from any public fund of the State,
other than the Consolidated Revenue Fund of the State, unless the
issue of those moneys has been authorised by a Law of the House of
Assembly of the State.
(4) No moneys shall be withdrawn from the Consolidated Revenue Fund
of the State or any other public fund of the State except in the
manner prescribed by the House of Assembly.
121. (1) The Governor shall cause to be prepared and laid before the
House of Assembly at any time before the commencement of each
financial year estimates of the revenues and expenditure of the
State for the next following financial year.
(2) The heads of expenditure contained in the estimates, other than
expenditure charged upon the Consolidated Revenue Fund of the State
by this Constitution, shall be included in a bill, to be known as an
Appropriation Bill, providing for the issue from the Consolidated
Revenue Fund of the State of the sums necessary to meet that
expenditure and the appropriation of those sums for the purposes
specified therein.
(3) Any amount standing to the credit of the judiciary in the
Consolidated Revenue Fund of the State shall be paid directly to the
heads of the courts concerned.
(4) If in respect of any financial year, it is found that -
(a) the amount appropriated by the Appropriation Law for any purpose
is insufficient; or
(b) a need has arisen for expenditure for a purpose for which no
amount has been appropriated by the Law,
a supplementary estimate showing the sums required shall be laid
before the House of Assembly and the heads of any such expenditure
shall be included in a Supplementary Appropriation Bill.
122. If the Appropriation Bill in respect of any financial year has
not been passed into Law by the beginning of the financial year, the
Governor may authorise the withdrawal of moneys from the
Consolidated Revenue Fund of the State for the purpose of meeting
expenditure necessary to carry on the services of the government for
a period not exceeding six months or until the coming into operation
of the Law, whichever is the earlier:
Provided that the withdrawal in respect of any such period shall not
exceed the amount authorised to be withdrawn from the Consolidated
Revenue Fund of the State under the provisions of the Appropriation
Law passed by the House of Assembly for the corresponding period in
the immediately preceding financial year, being an amount
proportionate to the total amount so authorised for the immediately
preceding financial year.
123. (1) A House of Assembly may by Law make provisions for the
establishment of a Contingencies Fund for the State and for
authorising the Governor, if satisfied that there has arisen an
urgent and unforeseen need for expenditure for which no other
provision exists, to make advances from the Fund to meet that need.
(2) Where any advance is made in accordance with the provisions of
this section, a Supplementary Estimate shall be presented and a
Supplementary Appropriation Bill shall be introduced as soon as
possible for the purpose of replacing the amount so advanced.
124. (1) There shall be paid to the holders of the offices mentioned
in this section such remuneration and salaries as may be prescribed
by a House of Assembly, but not exceeding the amount as shall have
been determined by the Revenue Mobilisation Allocation and Fiscal
Commission.
(2) The remuneration, salaries and allowances payable to the holders
of the offices so mentioned shall be charged upon the Consolidated
Revenue Fund of the State.
(3) The remuneration and salaries payable to the holders of the said
offices and their conditions of service, other than allowances,
shall not be altered to their disadvantage after their appointment.
(4) The offices aforesaid are the offices of Governor, Deputy
Governor, Auditor-General for a State and the Chairman and members
of the following bodies, that is to say, the State Civil Service
Commission, the State Independent Electoral Commission and the State
Judicial Service Commission.
(5) Provisions may be made by a Law of a House of Assembly for the
grant of a pension or gratuity to or in respect of a person who had
held office as Governor or Deputy Governor and was not removed from
office as a result of impeachment; and any pension granted by virtue
of any provisions made in pursuance of this subsection shall be a
charge upon the Consolidated Revenue Fund of the State.
125. (1) There shall be an Auditor-General for each State who shall
be appointed in accordance with the provisions of section 126 of
this Constitution.
(2) The public accounts of a State and of all offices and courts of
the State shall be audited by the Auditor-General for the State who
shall submit his reports to the House of Assembly of the State
concerned, and for that purpose the Auditor-General or any person
authorised by him in that behalf shall have access to all the books,
records, returns and other documents relating to those accounts.
(3) Nothing in subsection (2) of this section shall be construed as
authorising the Auditor-General to audit the accounts of or appoint
auditors for government statutory corporations, commissions,
authorities, agencies, including all persons and bodies established
by Law by the Auditor-General shall -
(a) provide such bodies with -
(i) a list of auditors qualified to be appointed by them as external
auditors and from which the bodies shall appoint their external
auditors, and
(ii) a guideline on the level of fees to be paid to external
auditors; and
(b) comment on their annual accounts and auditor's report thereon.
(4) The Auditor-General for the State shall have power to conduct
periodic checks of all government statutory corporations,
commissions, authorities, agencies, including all persons and bodies
established by a law of the House of Assembly of the State.
(5) The Auditor-General for a State shall, within ninety days of
receipt of the Accountant-General's financial statement and annual
accounts of the State, submit his report to the House of Assembly of
the State and the House shall cause the report to be considered by a
committee of the House responsible for public accounts.
(6) In the exercise of his functions under this Constitution, the
Auditor-General for a State shall not be subject to the direction or
control of any other authority or person.
126. (1) The Auditor-General for a State shall be appointed by the
Governor of the State on the recommendation of the State Civil
Service Commission subject to confirmation by the House of Assembly
of the State.
(2) The power to appoint persons to act in the office of the
Auditor-General for a State shall vest in the Governor.
(3) Except with the sanction of a resolution of the House of
Assembly of a State, no person shall act in the office of the
Auditor-General for a State for a period exceeding six months.
127. (1) A person holding the office of Auditor-General under
section 126 (1) of this Constitution shall be removed from office by
the Governor of the State acting on an address supported by
two-thirds majority of the House of Assembly praying that he be so
removed for inability to discharge the functions of his office
(whether arising from infirmity of mind or body or any other cause)
or for misconduct.
(2) An Auditor-General shall not been removed from office before
such retiring age as may be prescribed by Law, save in accordance
with the provisions of this section.
128. (1) Subject to the provisions of this Constitution, a House of
Assembly shall have power by resolution published in its journal or
in the Office Gazette of the Government of the State to direct or
cause to be directed an inquiry or investigation into -
(a) any matter or thing with respect to which it has power to make
laws; and
(b) the conduct of affairs of any person, authority, ministry or
government department charged, or intended to be charged, with the
duty of or responsibility for -
(i) executing or administering laws enacted by that House of
Assembly, and
(ii) disbursing or administering moneys appropriated or to be
appropriated by such House.
(2) The powers conferred on a House of Assembly under the provisions
of this section are exercisable only for the purpose of enabling the
House to -
(a) make laws with respect to any matter within its legislative
competence and correct any defects in existing laws; and
(b) expose corruption, inefficiency of waste in the execution or
administration of laws within its legislative competence and in the
disbursement or administration of funds appropriated by it.
129. (1) For the purposes of any investigation under section 128 of
this Constitution, and subject to the provisions thereof, a House of
Assembly or a committee appointed in accordance with section 103 of
this Constitution shall have power to -
(a) procure all such evidence, written or oral, direct or
circumstantial, as it may think necessary or desirable, and examine
all persons as witnesses whose evidence may be material or relevant
to the subject matter;
(b) require such evidence to be given on oath;
(c) summon any person in Benin to give evidence at any place or
produce any document or other thing in his possession or under his
control, and examine him as a witness and require him to produce any
document or other thing in his possession or under his control,
subject to all just exceptions; and
(d) issue a warrant to compel the attendance of any person who,
after having been summoned to attend, fails, refuses or neglects to
do so and does not excuse such failure, refusal or neglect to the
satisfaction of the House of Assembly or the committee, and order
him to pay all costs which may have been occasioned in compelling
his attendance or by reason of his failure, refusal or neglect to
obey the summons and also to impose such fine as may be prescribed
for any such failure, refusal or neglect; and any fine so imposed
shall be recoverable in the same manner as a fine imposed by a court
of law.
(2) A summons or warrant issued under this section may be served or
executed by any member of the Benin Police Force or by any person
authorised in that behalf by the Speaker of the House of Assembly of
the State.
Chapter VI ^^^^
The Executive
Part I
Executive
A - The President of the Federation
130. (1) There shall be for the Federation a President.
(2) The President shall be the Head of State, the Chief Executive of
the Federation and Commander-in-Chief of the Armed Forces of the
Federation.
131. A person shall be qualified for election to the office of the
President if -
(a) he is a citizen of Benin by birth;
(b) he has attained the age of forty years;
(c) he is a member of a political party and is sponsored by that
political party; and
(d) he has been educated up to at least School Certificate level or
its equivalent.
132. (1) An election to the office of President shall be held on a
date to be appointed by the Independent National Electoral
Commission.
(2) An election to the said office shall be held on a date not
earlier than sixty days and not later than thirty days before the
expiration of the term of office of the last holder of that office.
(3) Where in an election to the office of President one of the two
or more candidates nominated for the election is the only candidate
after the close of nomination, by reason of the disqualification,
withdrawal, incapacitation, disappearance or death of the other
candidates, the Independent National Electoral Commission shall
extend the time for nomination.
(4) For the purpose of an election to the office of President, the
whole of the Federation shall be regarded as one constituency.
(5) Every person who is registered to vote at an election of a
member of a legislative house shall be entitled to vote at an
election to the office of President.
133. A candidate for an election to the office of President shall be
deemed to have been duly elected to such office where, being the
only candidate nominated for the election -
(a) he has a majority of YES votes over NO votes cast at the
election; and
(b) he has not less than one-quarter of the votes cast at the
election in each of at least two-thirds of all the States in the
Federation and the Capital Territory, Cotonou
134. (1) A candidate for an election to the office of President
shall be deemed to have be been duly elected, where, there being
only two candidates for the election -
(a) he has the majority of votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the
election in each of at least two-thirds of all the States in the
Federation and the Capital Territory, Cotonou.
(2) A candidate for an election to the office of President shall be
deemed to have been duly elected where, there being more than two
candidates for the election-
(a) he has the highest number of votes cast at the election;
and
(b) he has not less than one-quarter of the votes cast at the
election each of at least two-thirds of all the States in the
Federation and the Capital Territory, Cotonou.
(3) In a default of a candidate duly elected in accordance with
subsection (2) of this section their shall be a second election in
accordance with subsection (4) of this section at which the only
candidate shall be -
(a) the candidate who scored the highest number of votes at any
election held in accordance with the said subsection (2) of this
section; and
(b) one among the remaining candidates who has a majority of votes
in the highest number of States, so however that where there are
more than one candidate with majority of votes in the highest number
of States, the candidate among them with the highest total of votes
cast at the election shall be the second candidate for the election.
(4) In default of a candidate duly elected under the foregoing
subsections, the Independent National Electoral Commission shall
within seven days of the result of the election held under the said
subsections, arrange for an election between the two candidates and
a candidate at such election shall be deemed elected to the office
of President if -
(a) he has a majority of votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the
election in each of at least two-thirds of all the States in the
Federation and the Capital Territory, Cotonou
(5) In default of a candidate duly elected under subsection (4) of
this section, the Independent National Electoral Commission shall,
within seven days of the result of the election held under the
aforesaid subsection (4), arrange for another election between the
two candidates to which the subsection relates and a candidate at
such election shall be deemed to have been duly elected to the
office of President, if he has a majority of the votes cast at the
election.
135. (1) Subject to the provisions of this Constitution, a person
shall hold the office of President until -
(a) when his successor in office takes the oath of that office;
(b) he dies whilst holding such office; or
(c) the date when his resignation from office takes effect;
or
(d) he otherwise ceases to hold office in accordance with the
provisions of this Constitution.
(2) Subject to the provisions of subsection (1) of this section, the
President shall vacate his office at the expiration of a period of
four years commencing from the date, when -
(a) in the case of a person first elected as President under this
Constitution, he took the Oath of Allegiance and the oath of office;
and
(b) in any other case, the person last elected to that office under
this Constitution took the Oath of Allegiance and oath of office or
would, but for his death, have taken such Oaths.
(3) If the Federation is at war in which the territory of Benin is
physically involved and the President considers that it is not
practicable to hold elections, the National Assembly may by
resolution extend the period of four years mentioned in subsection
(2) of this section from time to time; but no such extension shall
exceed a period of six months at any one time.
136. (1) If a person duly elected as President dies before taking
and subscribing the Oath of Allegiance and oath of office, or is for
any reason whatsoever unable to be sworn in, the person elected with
him as Vice-President shall be sworn in as President and he shall
nominate a new Vice-President who shall be appointed by the
President with the approval by a simple majority of the National
Assembly at a joint sitting.
(2) Where the persons duly elected as President and Vice President
die or are unable for any reason whatsoever to assume office before
the inauguration of the National Assembly, the Independent National
Electoral Commission shall immediately conduct an election for a
President and the Vice-President.
137. (1) A person shall not be qualified for election to the office
of President if -
(a) subject to the provisions of section 28 of this Constitution, he
has voluntarily acquired the citizenship of a country other than
Benin or, except in such cases as may be prescribed by the National
Assembly, he has made a declaration of allegiance to such other
country; or
(b) he has been elected to such office at any two previous
elections; or
(c) under the law in any part of Benin, he is adjudged to be a
lunatic or otherwise declared to be of unsound mind;
or
(d) he is under a sentence of death imposed by any competent court
of law or tribunal in Benin or a sentence of imprisonment or fine
for any offence involving dishonesty or fraud (by whatever name
called) or for any other offence, imposed on him by any court or
tribunal or substituted by a competent authority for any other
sentence imposed on him by such a court or tribunal; or
(e) within a period of less than ten years before the date of the
election to the office of President he has been convicted and
sentenced for an offence involving dishonesty or he has been found
guilty of the contravention of the Code of Conduct; or
(f) he is an undischarged bankrupt, having been adjudged or
otherwise declared bankrupt under any law in force in Benin or any
other country; or
(g) being a person employed in the civil or public service of the
Federation or of any State, he has not resigned, withdrawn or
retired from the employment at least thirty days before the date of
the election; or
(h) he is a member of any secret society; or
(i) he has been indicted for embezzlement or fraud by a Judicial
Commission of Inquiry or an Administrative Panel of Inquiry or a
Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of
Inquiry Law or any other law by the or State Government which
indictment has been accepted by the or State Government,
respectively; or
(j) he has presented a forged certificate to the Independent
National Electoral Commission.
(2) Where in respect of any person who has been -
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced to death or imprisonment; or
(d) adjudged or declared bankrupt
(e) any appeal against the decision is pending in any court of law
in accordance with any law in force in Benin, subsection (1) of this
section shall not apply during a period beginning from the date when
such appeal is lodged and ending on the date when the appeal is
finally determined or, as the case may be, the appeal lapses or is
abandoned, whichever is earlier.
138. The President shall not, during his tenure of office, hold any
other executive office or paid employment in any capacity
whatsoever.
139. The National Assembly shall by an Act make provisions as
respects -
(a) persons who may apply to the Court of Appeal for the
determination of any question as to whether;
(i) any person has been validly elected to the office of President
or Vice-President
(ii) the term of office of the President or Vice President has
cease, or
(iii) the office of the President or Vice-President has become
vacant
(b) circumstances and manner in which, and the conditions upon which
such application may be made; and
(c) powers, practice and procedure of the Court of Appeal in
relation to any such application.
140. (1) A person elected to the office of President shall not begin
to perform the functions of that office until he has declared his
assets and liabilities as prescribed in this Constitution and he has
taken and subscribed the Oath of Allegiance and the oath of office
prescribed in the Seventh Schedule to this Constitution.
(2) The oaths aforesaid shall be administered by the Chief Justice
of Benin or the person for the time being appointed to exercise the
functions of that office.
141. There shall be for the Federation a Vice-President.
142. (1) In any election to which the foregoing provisions of this
Part of this Chapter relate, a candidate for an election to the
office of President shall not be deemed to be validly nominated
unless he nominates another candidate as his associate from the same
political party for his running for the office of President, who is
to occupy the office of Vice-President and that candidate shall be
deemed to have been duly elected to the office of Vice-President if
the candidate for an election to the office of President who
nominated him as such associate is duly elected as President in
accordance with the provisions aforesaid.
(2) The provisions of this Part of this Chapter relating to
qualification for election, tenure of office, disqualification,
declaration of assets and liabilities and oaths of President shall
apply in relation to the office of Vice-President as if references
to President were references to Vice-President.
143. (1) The President or Vice-President may be removed from office
in accordance with the provisions of this section.
(2) Whenever a notice of any allegation in writing signed by not
less than one-third of the members of the National Assembly:-
(a) is presented to the President of the Senate;
(b) stating that the holder of the office of President or
Vice-President is guilty of gross misconduct in the performance of
the functions of his office, detailed particulars of which shall be
specified,
the President of the Senate shall within seven days of the receipt
of the notice cause a copy thereof to be served on the holder of the
office and on each member of the National Assembly, and shall also
cause any statement made in reply to the allegation by the holder of
the office to be served on each member of the National Assembly.
(3) Within fourteen days of the presentation of the notice to the
President of the Senate (whether or not any statement was made by
the holder of the office in reply to the allegation contained in the
notice) each House of the National Assembly shall resolve by motion
without any debate whether or not the allegation shall be
investigated.
(4) A motion of the National Assembly that the allegation be
investigated shall not be declared as having been passed, unless it
is supported by the votes of not less than two-thirds majority of
all the members of each House of the National Assembly.
(5) Within seven days of the passing of a motion under the foregoing
provisions, the Chief Justice of Benin shall at the request of the
President of the Senate appoint a Panel of seven persons who in his
opinion are of unquestionable integrity, not being members of any
public service, legislative house or political party, to investigate
the allegation as provide in this section.
(6) The holder of an office whose conduct is being investigated
under this section shall have the right to defend himself in person
and be represented before the Panel by legal practitioners of his
own choice.
(7) A Panel appointed under this section shall -
(a) have such powers and exercise its functions in accordance with
such procedure as may be prescribed by the National Assembly; and
(b) within three months of its appointment report its findings to
each House of the National Assembly.
(8) Where the Panel reports to each House of the National Assembly
that the allegation has not been proved, no further proceedings
shall be taken in respect of the matter.
(9) Where the report of the Panel is that the allegation against the
holder of the office has been proved, then within fourteen days of
the receipt of the report at the House the National Assembly shall
consider the report, and if by a resolution of each House of the
National Assembly supported by not less than two-thirds majority of
all its members, the report of the Panel is adopted, then the holder
of the office shall stand removed from office as from the date of
the adoption of the report.
(10) No proceedings or determination of the Panel or of the National
Assembly or any matter relating thereto shall be entertained or
questioned in any court.
(11) In this section -
"gross misconduct" means a grave violation or breach of the
provisions of this Constitution or a misconduct of such nature as
amounts in the opinion of the National Assembly to gross misconduct.
144. (1) The President or Vice-President shall cease to hold office,
if -
(a) by a resolution passed by two-thirds majority of all the members
of the executive council of the Federation it is declared that the
President or Vice-President is incapable of discharging the
functions of his office; and
(b) the declaration is verified, after such medical examination as
may be necessary, by a medical panel established under subsection
(4) of this section in its report to the President of the Senate and
the Speaker of the House of Representatives.
(2) Where the medical panel certifies in the report that in its
opinion the President or Vice-President is suffering from such
infirmity of body or mind as renders him permanently incapable of
discharging the functions of his office, a notice thereof signed by
the President of the Senate and the Speaker of the House of
Representatives shall be published in the Official Gazette of the
Government of the Federation.
(3) The President or Vice-President shall cease to hold office as
from the date of publication of the notice of the medical report
pursuant to subsection (2) of this section.
(4) the medical panel to which this section relates shall be
appointed by the President of the Senate, and shall comprise five
medical practitioners in Benin:-
(a) one of whom shall be the personal physician of the holder of the
office concerned; and
(b) four other medical practitioners who have, in the opinion of the
President of the Senate, attained a high degree of eminence in the
field of medicine relative to the nature of the examination to be
conducted in accordance with the foregoing provisions.
(5) In this section, the reference to "executive council of the
Federation" is a reference to the body of Ministers of the
Government of the Federation, howsoever called, established by the
President and charged with such responsibilities for the functions
of government as the President may direct.
145. Whenever the President transmits to the President of the Senate
and the Speaker of the House of Representatives a written
declaration that he is proceeding on vacation or that he is
otherwise unable to discharge the functions of his office, until he
transmits to them a written declaration to the contrary such
functions shall be discharged by the Vice-President as Acting
President.
146. (1) The Vice-President shall hold the office of President if
the office of President becomes vacant by reason of death or
resignation, impeachment, permanent incapacity or the removal of the
President from office for any other reason in accordance with
section 143 of this Constitution.
(2) Where any vacancy occurs in the circumstances mentioned in
subsection (1) of this section during a period when the office of
Vice-President is also vacant, the President of the Senate shall
hold the office of President for a period of not more than three
months, during which there shall be an election of a new President,
who shall hold office for the unexpired term of office of the last
holder of the office.
(3) Where the office of Vice-President becomes vacant:-
(a) by reason of death or resignation, impeachment, permanent
incapacity or removal in accordance with section 143 or 144 of this
Constitution;
(b) by his assumption of the office of President in accordance with
subsection (1) of this section; or
(c) for any other reason,
the President shall nominate and, with the approval of each House of
the National Assembly, appoint a new Vice-President.
147. (1) There shall be such offices of Ministers of the Government
of the Federation as may be established by the President.
(2) Any appointment to the office of Minister of the Government of
the Federation shall, if the nomination of any person to such office
is confirmed by the Senate, be made by the President.
(3) Any appointment under subsection (2) of this section by the
President shall be in conformity with the provisions of section
14(3) of this Constitution:-
provided that in giving effect to the provisions aforesaid the
President shall appoint at least one Minister from each State, who
shall be an indigene of such State.
(4) Where a member of the National Assembly or of a House of
Assembly is appointed as Minister of the Government of the
Federation, he shall be deemed to have resigned his membership of
the National Assembly or of the House of Assembly on his taking the
oath of office as Minister.
(5) No person shall be appointed as a Minister of the Government of
the Federation unless he is qualified for election as a member of
the House of Representatives.
(6) An appointment to any of the offices aforesaid shall be deemed
to have been made where no return has been received from the Senate
within twenty-one working days of the receipt of nomination by the
Senate.
148. (1) The President may, in his discretion, assign to the
Vice-President or any Minister of the Government of the Federation
responsibility for any business of the Government of the Federation,
including the administration of any department of government.
(2) The President shall hold regular meetings with the
Vice-President and all the Ministers of the Government of the
Federation for the purposes of -
(a) determining the general direction of domestic and foreign
policies of the Government of the Federation;
(b) co-ordinating the activities of the President, the
Vice-President and the Ministers of the Government of the Federation
in the discharge of their executive responsibilities; and
(c) advising the President generally in discharge of his executive
functions other than those functions with respect to which he is
required by this Constitution to seek the advice or act on the
recommendation of any other person or body.
149. A Minister of the Government of the Federation shall not enter
upon the duties of his office, unless he has declared his assets and
liabilities as prescribed in this Constitution and has subsequently
taken and subscribed the Oath of Allegiance and the oath of office
for the due execution of the duties of his office prescribed in the
Seventh Schedule to this Constitution.
150. (1) There shall be an Attorney-General of the Federation who
shall be the Chief Law Officer of the Federation and a Minister of
the Government of the Federation.
(2) A person shall not be qualified to hold or perform the functions
of the office of the Attorney-General of the Federation unless he is
qualified to practise as a legal practitioner in Benin and has been
so qualified for not less than ten years.
151. (1) The President may appoint any person as a Special Adviser
to assist him in the performance of his functions.
(2) The number of such Advisers and their remuneration and
allowances shall be as prescribed by law or by resolution of the
National Assembly.
(3) Any appointment made pursuant to the provisions of this section
shall be at the pleasure of the President and shall cease when the
President ceases to hold office.
152. A person appointed as Special Adviser under section 151 of this
Constitution shall not begin to perform the functions of his office
until he has declared his assets and liabilities as prescribed in
this Constitution and has subsequently taken and subscribed the Oath
of Allegiance and oath of office prescribed in the Seventh Schedule
to this Constitution.
B - Establishment of certain 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) Character Commission;
(d) Civil Service Commission;
(e) 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) Benin 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 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;
(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 Civil Service Commission, the
Independent National Electoral Commission, the National Judicial
Council, the Judicial Service Commission, the Character Commission,
the Benin 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 Civil Service Commission, the
Judicial Service Commission, the Revenue Mobilisation and Fiscal
Commission, the 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.
(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.
C - Public Revenue
162. (1) The Federation shall maintain a special account to be
called "the Federation Account" into which shall be paid all
revenues collected by the Government of the Federation, except the
proceeds from the personal income tax of the personnel of the armed
forces of the Federation, the Benin Police Force, the Ministry or
department of government charged with responsibility for Foreign
Affairs and the residents of the Capital Territory, Cotonou.
(2) 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;
Provided that the principle of derivation shall be constantly
reflected in any approved formula as being not less than thirteen
per cent of the revenue accruing to the Federation Account directly
from any natural resources.
(3) Any amount standing to the credit of the Federation Account
shall be distributed among the and State Governments and the local
government councils in each State on such terms and in such manner
as may be prescribed by the National Assembly.
(4) Any amount standing to the credit of the States in the
Federation Account shall be distributed among the States on such
terms and in such manner as may be prescribed by the National
Assembly.
(5) The amount standing to the credit of local government councils
in the Federation Account shall also be allocated to the State for
the benefit of their local government councils on such terms and in
such manner as may be prescribed by the National Assembly.
(6) Each State shall maintain a special account to be called "State
Joint Local Government Account" into which shall be paid all
allocations to the local government councils of the State from the
Federation Account and from the Government of the State.
(7) Each State shall pay to local government councils in its area of
jurisdiction such proportion of its total revenue on such terms and
in such manner as may be prescribed by the National Assembly.
(8) The amount standing to the credit of local government councils
of a State shall be distributed among the local government councils
of that State on such terms and in such manner as may be prescribed
by the House of Assembly of the State.
(9) Any amount standing to the credit of the judiciary in the
Federation Account shall be paid directly to the National Judicial
Councils for disbursement to the heads of courts established for the
Federation and the States under section 6 of this Constitution.
(10) For the purpose of subsection (1) of this section, "revenue"
means any income or return accruing to or derived by the Government
of the Federation from any source and includes -
(a) any receipt, however described, arising from the operation of
any law;
(b) any return, however described, arising from or in respect of any
property held by the Government of the Federation;
(c) any return by way of interest on loans and dividends in respect
of shares or interest held by the Government of the Federation in
any company or statutory body.
163. Where under an Act of the National Assembly, tax or duty is
imposed in respect of any of the matters specified in item D of Part
II of the Second Schedule to this Constitution, the net proceeds of
such tax or duty shall be distributed among the States on the basis
of derivation and accordingly -
(a) where such tax or duty is collected by the Government of a State
or other authority of the State, the net proceeds shall be treated
as part of the Consolidated Revenue Fund of that State;
(b) where such tax or duty is collected by the Government of the
Federation or other authority of the Federation, there shall be paid
to each State at such times as the National Assembly may prescribe a
sum equal to the proportion of the net proceeds of such tax or duty
that are derived from that State.
164. (1) The Federation may make grants to a State to supplement the
revenue of that State in such sum and subject to such terms and
conditions as may be prescribed by the National Assembly.
(2) The Federation may make external grants to a foreign State or
any international body in furtherance of the foreign policy
objectives of Benin in such sum and subject to such terms and
conditions as may be prescribed by the National Assembly.
165. Each State shall, in respect of each financial year, pay to the
Federation an amount equal to such part of the expenditure incurred
by the Federation during that financial year for the purpose of
collection of taxes or duties which are wholly or partly payable to
the State pursuant to the provisions of this Part of this Chapter or
of any Act of the National Assembly as is proportionate to the share
of the proceeds of those taxes or duties received by the State in
respect of that financial year.
166. (1) Any payment that is required by this Part of this Chapter
to be made by the Federation to a State may be set-off by the
Federation in or towards payment of any sum that is due from that
State to the Federation in respect of any loan made by the
Federation to that State.
(2) The right of set-off conferred by subsection (1) of this section
shall be without prejudice to any other right of the Federation to
obtain payment of any sum due to the Federation in respect of any
loan.
167. Any payment that is required by this Part of this Chapter to be
made by the Federation to a State shall be a charge upon the
Consolidated Revenue Fund of the Federation and any payment that is
so required to be made by a State to the Federation shall be a
charge upon the Consolidated Revenue Fund of that State.
189. (1) Where any payment falls to be made under this Part of this
Chapter, the amount payable shall be certified by the
Auditor-General for the Federation;
Provided that a provisional payment may be made before the
Auditor-General has given his certificate.
(2) The National Assembly may prescribe the time at and manner in
which any payment falling to be made under this Part of this Chapter
shall be effected and provide for the making of adjustments and
provisional payment.
D - The Public Service of the Federation
169. There shall be a civil service of the Federation.
170. Subject to the provisions of this Constitution, the Civil
Service Commission may, with the approval of the President and
subject to such conditions as it may deem fit, delegate any of the
powers conferred upon it by this Constitution to any of its members
or to any officer in the civil service of the Federation.
171. (1) Power to appoint persons to hold or act in the offices to
which this section applies and to remove persons so appointed from
any such office shall vest in the President.
(2) The offices to which this section applies are, namely -
(a) Secretary to the Government of the Federation;
(b) Head of the Civil Service of the Federation;
(c) Ambassador, High Commissioner or other Principal Representative
of Benin abroad;
(d) Permanent Secretary in any Ministry or Head of any
Extra-Ministerial Department of the Government of the Federation
howsoever designated; and
(e) any office on the personal staff of the President.
(3) An appointment to the office of the Head of the Civil Service of
the Federation shall not be made except from among Permanent
Secretaries or equivalent rank in the civil service of the
Federation or of a State.
(4) An appointment to the office of Ambassador, High Commissioner or
other Principal Representative of Benin abroad shall not have effect
unless the appointment is confirmed by the Senate.
(5) In exercising his powers of appointment under this section, the
President shall have regard to the character of Benin and the need
to promote national unity.
(6) Any appointment made pursuant to paragraphs (a) and (e) of
subsection (2) of this section shall be at the pleasure of the
President and shall cease when the President ceases to hold office;
Provided that where a person has been appointed from a public
service of the Federation or a State, he shall be entitled to return
to the public service of the Federation or of the State when the
President ceases to hold office.
172. A person in the public service of the Federation shall observe
and conform to the Code of Conduct.
173. (1) Subject to the provisions of this Constitution, the right
of a person in the public service of the Federation to receive
pension or gratuity shall be regulated by law.
(2) Any benefit to which a person is entitled in accordance with or
under such law as is referred to in subsection (1) of this section
shall not be withheld or altered to his disadvantage except to such
extent as is permissible under any law, including the Code of
Conduct.
(3) Pensions shall be reviewed every five years or together with any
civil service salary reviews, whichever is earlier.
(4) Pensions in respect of service in the public service of the
Federation shall not be taxed.
174. (1) The Attorney-General of the Federation shall have power -
(a) to institute and undertake criminal proceedings against any
person before any court of law in Benin, other than a court-martial,
in respect of any offence created by or under any Act of the
National Assembly;
(b) to take over and continue any such criminal proceedings that may
have been instituted by any other authority or person; and
(c) to discontinue at any stage before judgement is delivered any
such criminal proceedings instituted or undertaken by him or any
other authority or person.
(2) The powers conferred upon the Attorney-General of the Federation
under subsection (1) of this section may be exercised by him in
person or through officers of his department.
(3) In exercising his powers under this section, the
Attorney-General of the Federation shall have regard to the public
interest, the interest of justice and the need to prevent abuse of
legal process.
175. (1) The President may -
(a) grant any person concerned with or convicted of any offence
created by an Act of the National Assembly a pardon, either free or
subject to lawful conditions;
(b) grant to any person a respite, either for an indefinite or for a
specified period, of the execution of any punishment imposed on that
person for such an offence;
(c) substitute a less severe form of punishment for any punishment
imposed on that person for such an offence; or
(d) remit the whole or any part of any punishment imposed on that
person for such an offence or of any penalty or forfeiture otherwise
due to the State on account of such an offence.
(2) The powers of the President under subsection (1) of this section
shall be exercised by him after consultation with the Council of
State.
(3) The President, acting in accordance with the advice of the
Council of State, may exercise his powers under subsection (1) of
this section in relation to persons concerned with offences against
the army, naval or air-force law or convicted or sentenced by a
court-martial.
Part II
State Executive
A - Governor of a State
176. (1) There shall be for each State of the Federation a Governor.
(2) The governor of a shall be the Chief Executive of that state
177. A person shall be qualified for election to the office of
Governor of a State if
(a) he is a citizen of Benin by birth;
(b) he has attained the age of thirty-five years;
(c) he is a member of a political party and is sponsored by that
political party; and
(d) he has been educated up to at least School Certificate level or
its equivalent.
178. (1) An election to the office of Governor of a State shall be
held on a date to be appointed by the Independent National Electoral
Commission.
(2) An election to the office of Governor of a State shall be held
on a date not earlier than sixty days and not later than thirty days
before the expiration of the term of office of the last holder of
that office.
(3) Where in an election to the office of Governor of a State one of
the two or more candidates nominated for the election is the only
candidate after the close of nomination, by reason of the
disqualification, withdrawal, incapacitation, disappearance or death
of the other candidates, the Independent National Electoral
Commission shall extend the time for nomination.
(4) For the purpose of an election under this section a State shall
be regarded as one constituency.
(5) Every person who is registered to vote at an election of a
member of a legislative house shall be entitled to vote at an
election to the office of Governor of a State.
179. (1) A candidate for an election to the office of Governor of a
State shall be deemed to have been duly elected to such office
where, being the only candidate nominated for the election-
(a) he has a majority of YES votes over NO votes cast at the
election; and
(b) he has not less than one-quarter of the votes cast at the
election in each of at least two-thirds of all the local government
areas in the State,
but where the only candidate fails to be elected in accordance with
this subsection, then there shall be fresh nominations.
(2) A candidate for an election to the office of Governor of a State
shall be deemed to have been duly elected where, there being two or
more candidates -
(a) he has the highest number of votes cast at the election; and
(b) he has not less than one-quarter of all the votes cast in each
of at least two-thirds of all the local government areas in the
State.
(3) In default of a candidate duly elected in accordance with
subsection (2) of this section there shall be a second election in
accordance with subsection (4) of this section at which the only
candidates shall be -
(a) the candidate who secured the highest number of votes cast at
the election; and
(b) one among the remaining candidates who secured a majority of
votes in the highest number of local government areas in the State,
so however that where there are more than one candidate with a
majority of votes in the highest number of local government areas,
the candidate among them with the next highest total of votes cast
at the election shall be the second candidate.
(4) In default of a candidate duly elected under subsection (2) of
this section, the Independent National Electoral Commission shall
within seven days of the result of the election held under that
subsection, arrange for an election between the two candidates and a
candidate at such election shall be deemed to have been duly elected
to the office of Governor of a State if -
(a) he has a majority of the votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the
election in each of at least two-thirds of all the local government
areas in the State.
(5) In default of a candidate duly elected under subsection (4) of
this section, the Independent National Electoral Commission shall
within seven days of the result of the election held under that
subsection, arrange for another election between the two candidates
to which that sub-paragraph relates and a candidate at such election
shall be deemed to have been duly elected to the office of governor
of a State if he has a majority of the votes cast at the election.
180. (1) subject to the provisions of this Constitution, a person
shall hold the office of Governor of a State until -
(a) When his successor in office takes the oath of that office; or
(b) he dies whilst holding such office; or
(c) the date when his resignation from office takes effect; or
(d) he otherwise ceases to hold office in accordance with the
provisions of this constitution.
(2) Subject to the provisions of subsection (1) of this section, the
Governor shall vacate his office at the expiration of period of four
years commencing from the date when -
(a) in the case of a person first elected as Governor under this
Constitution, he took the Oath of Allegiance and oath of office; and
(b) the person last elected to that office took the Oath of
Allegiance and oath of office or would, but for his death, have
taken such oaths.
(3) If the Federation is at war in which the territory of Benin is
physically involved and the President considers that it is not
practicable to hold elections, the National Assembly may be
resolution extend the period of four years mentioned in subsection
(2) of this section from time to time, but no such extension shall
exceed a period of six months at any one time.
181. (1) If a person duly elected as Governor dies before taking and
subscribing the Oath of Allegiance and oath of office, or is unable
for any reason whatsoever to be sworn in, the person elected with
him as Deputy governor shall be sworn in as Governor and he shall
nominate a new Deputy-Governor who shall be appointed by the
Governor with the approval of a simple majority of the House of
Assembly of the State.
(2) Where the persons duly elected as Governor and Deputy Governor
of a State die or are for any reason unable to assume office before
the inauguration of the house of Assembly, the Independent National
Electoral Commission shall immediately conduct an election for a
Governor and Deputy Governor of the State.
182. (1) No person shall be qualified for election to the office of
Governor of a State if -
(a) subject to the provisions of section 28 of this Constitution, he
has voluntarily acquired the citizenship of a country other than
Benin or, except in such cases as may be prescribed by the National
Assembly, he has made a declaration of allegiance to such other
country; or
(b) he has been elected to such office at any two previous
elections; or
(c) under the law in any part of Benin, he is adjudged to be a
lunatic or otherwise declared to be of unsound mind; or
(d) he is under a sentence of death imposed by any competent court
of law or tribunal in Benin or a sentence of imprisonment for any
offence involving dishonesty or fraud (by whatever name called) or
any other offence imposed on him by any court or tribunal or
substituted by a competent authority for any other sentence imposed
on him by such a court or tribunal; or
(e) within a period of less than ten years before the date of
election to the office of Governor of a State he has been convicted
and sentenced for an offence involving dishonesty or he has been
found guilty of the contravention of the code of Conduct; or
(f) he is an undischarged bankrupt, having been adjudged or
otherwise declared bankrupt under any law in force in Benin; or
(g) being a person employed in the public service of the Federation
or of any State, he has not resigned, withdrawn or retired from the
employment at least thirty days to the date of the election; or
(h) he is a member of any secret society; or
(i) he has been indicted for embezzlement or fraud by a Judicial
Commission of Inquiry or an Administrative Panel of Inquiry or a
Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of
Inquiry Law or any other law by the or State Government which
indictment has been accepted by the or State Government; or
(j) he has presented a forged certificate to the independent
National Electoral Commission.
(2) Where in respect of any person who has been
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced or declared bankrupt,
(d) adjudged or declared bankrupt,
an appeal against the decision is pending in any court of law in
accordance with any law in force in Benin, subsection (1) of this
section shall not apply during a period beginning from the date when
such appeal is lodged and ending on the date when the appeal is
finally determined or, as the case may be, the appeal lapses or is
abandoned, whichever is earlier.
183. The governor shall not, during the period when he holds office,
hold any other executive office or paid employment in any capacity
whatsoever.
184. The National Assembly shall make provisions in respect of -
(a) persons who may apply to an election tribunal for the
determination of any question as to whether
(i) any person has been validly elected to the office of Governor or
Deputy Governor,
(ii) the term of office of a Governor or Deputy Governor has ceased,
or
(iii) the office of Deputy Governor has become vacant;
(b) circumstances and manner in which, and the conditions upon which
such application may be made; and
(c) powers, practice and procedure of the election tribunal in
relation to any such application.
185. (1) A person elected to the office of the Governor of a State
shall not begin to perform the functions of that until he has
declared his assets and liabilities as prescribed in the
Constitution and has subsequently taken and subscribed the Oath of
Allegiance and oath of office prescribed in the Seventh Schedule to
this Constitution.
(2) The Oath of Allegiance and the oath of office shall be
administered by the Chief Judge of the State or Grand Kadi of the
Sharia Court of Appeal of the State, if any or President of the
Customary Court of Appeal of the State, if any, or the person for
the time being respectively appointed to exercise the functions of
any of those offices in any State.
186. There shall be for each State of the Federation a Deputy
Governor.
187. (1) In any election to which the foregoing provisions of this
part of this Chapter relate a candidate for the office of Governor
of a State shall not be deemed to have been validly nominated for
such office unless he nominates another candidate as his associate
for his running for the office of Governor, who is to occupy the
office of Deputy Governor; and that candidate shall be deemed to
have been duly elected to the office of Deputy Governor if the
candidate who nominated him is duly elected as Governor in
accordance with the said provisions.
(2) The provisions of this Part of this Chapter relating to
qualification for election, tenure of office, disqualifications,
declaration of assets and liabilities and Oath of Governor shall
apply in relation to the office of Deputy Governor as if references
to Governor were references to Deputy Governor.
188. (1) The Governor or Deputy Governor of a state may Removal of
Governor be removed from office in accordance with the provisions or
Deputy Governor of this section. from office.
(2) Whenever a notice of any allegation in writing signed by not
less than one-third of the members of the House of Assembly.
(b) stating that the holder of such office is guilty of gross
misconduct in the performance of the functions of his office,
detailed particulars of which shall be specified.
the speaker of the House of Assembly shall, within seven days of the
receipt of the notice, cause a copy of the notice to be served on
the holder of the office and on each member of the House of
Assembly, and shall also cause any statement made in reply to the
allegation by the holder of the office, to be served on each member
of the House of Assembly.
(3) Within fourteen days of the presentation of the notice to the
speaker of the House of Assembly (whether or not any statement was
made by the holder of the office in reply to the allegation
contained in the notice-, the House of Assembly shall resolve by
motion, without any debate whether or not the allegation shall be
investigated.
(4) A motion of the House of Assembly that the allegation be
investigated shall not be declared as having been passed unless it
is supported by the votes of not less than two-thirds majority of
all the members of the House of Assembly.
(5) Within seven days of the passing of a motion under the foregoing
provisions of this section, the Chief judge of the State shall at
the request of the speaker of the House of Assembly, appoint a Panel
of seven persons who in his opinion are of unquestionable integrity,
not being members of any public service, legislative house or
political party, to investigate the allegation as provided in this
section.
(6) The holder of an office whose conduct is being investigated
under this section shall have the right to defend himself in person
or be represented before the panel by a legal practitioner of his
own choice.
(7) A Panel appointed under this section shall -
(a) have such powers and exercise its functions in accordance with
such procedure as may be prescribed by the House of Assembly; and
(b) within three months of its appointment, report its findings to
the House of Assembly.
(8) Where the Panel reports to the House of Assembly that the
allegation has not been proved, no further proceedings shall be
taken in respect of the matter.
(9) Where the report of the Panel is that the allegation against the
holder of the office has been proved, then within fourteen days of
the receipt of the report, the house of Assembly shall consider the
report, and if by a resolution of the House of Assembly supported by
not less than two-thirds majority of all its members, the report of
the Panel is adopted, then the holder of the office shall stand
removed form office as from the date of the adoption of the report.
(10) No proceedings or determination of the Panel or of the House of
Assembly or any matter relating to such proceedings or determination
shall be entertained or questioned in any court.
(11) In this section -
"gross misconduct" means a grave violation or breach of the
provisions of this Constitution or a misconduct of such nature as
amounts in the opinion in the House of Assembly to gross misconduct.
189. (1) The Governor or Deputy Governor of a State shall cease to
hold office if
(a) by a resolution passed by two-thirds majority of all members of
the executive council of the State, it is declared that the Governor
or Deputy Governor is incapable of discharging the functions of his
office; and
(b) the declaration in paragraph (a) of this subsection is verified,
after such medical examination as may be necessary, by a medical
panel established under subsection (4) of this section in its report
to the speaker of the House of Assembly.
(2) Where the medical panel certifies in its report that in its
opinion the Governor or Deputy Governor is suffering from such
infirmity of body or mind as renders him permanently incapable of
discharging the functions of his office, a notice thereof signed by
the Speaker of the House of Assembly shall be published in the
Official Gazette of the Government of the State.
(3) The Governor or Deputy Governor shall cease to hold office as
from the date of publication of the notice of the medical report
pursuant to subsection (2) of this section.
(4) The medical panel to which this section relates shall be
appointed by the Speaker of the House of Assembly of the State, and
shall comprise five medical practitioners in Benin -
(a) one of whom shall be the personal physician of the holder of the
office concerned; and
(b) four other medical practitioners who have, in the opinion of the
Speaker of the House of Assembly, attained a high degree of eminence
in the field of medicine relative to the nature of the examination
to be conducted in accordance with the foregoing provisions of this
section.
(5) In this section, the reference to "executive council of the
State" is a reference to the body of Commissioners of the Government
of the State, howsoever called, established by the Governor and
charged with such responsibilities for the functions of Government
as the Governor may direct.
190. Whenever the Governor transmits to the Speaker of the House of
Assembly a written declaration that he is proceeding on vacation or
that he is otherwise unable to discharge the functions of his
office, until he transmits to the Speaker of the House of Assembly a
written declaration to the contrary such functions shall be
discharged by the Deputy Governor as Acting Governor.
191. (1) The Deputy Governor of a State shall hold the office of
Governor of the State if the office of Governor becomes vacant by
reason of death, resignation, impeachment, permanent incapacity or
removal of the governor from office for any other reason in
accordance with section 188 or 189 of this constitution.
(2) Where any vacancy occurs in the circumstances mentioned in
subsection (1) of this section during a period when the office of
Deputy Governor of the State is also vacant, the Speaker of the
House of Assembly of the State shall hold the office of Governor of
the State for a period of not more than three months, during which
there shall be an election of a new Governor of the State who shall
hold office for the unexpired term of office of the last holder of
the office.
(3) Where the office of the Deputy Governor becomes vacant -
(a) by reason of death, resignation, impeachment, permanent
incapacity or removal in accordance with section 188 or 189 of this
Constitution;
(b) by his assumption of the office of Governor of a State in
accordance with subsection (1) of this section; or
(c) for any other reason, the Governor shall nominate and with the
approval of the House of Assembly of the State, appoint a new Deputy
Governor.
192. (1) There shall be such offices of Commissioners of the
Government of a State as may be established by the Governor of the
State
(2) Any appointment to the office of Commissioner of the Government
of a State shall, if the nomination of any person to such office is
confirmed by the House of Assembly of the State, be made by the
Governor of that State and in making any such appointment the
Governor shall conform with the provisions of section 14(4) of this
Constitution.
(3) Where a member of a House of Assembly or of the National
Assembly is appointed as Commissioner of the Government of a State,
he shall be deemed to have resigned his membership of the House of
Assembly or of the National Assembly on his taking the Oath of
office as Commissioner.
(4) No person shall be appointed as a Commissioner of the Government
of a State unless he is qualified for election as a member of the
House of Assembly of the State.
(5) An appointment to the office of Commissioner under this section
shall be deemed to have been made where no return has been received
from the House of Assembly within twenty-one working days of the
receipt of nomination, by the House of Assembly.
193. (1) The Governor of a State may, in his discretion, assign to
the Deputy Governor or any Commissioner of the Government of the
State responsibility for any business of the Government of that
State, including the administration of any department of Government.
(2) The Governor of a State shall hold regular meetings with the
Deputy Governor and all Commissioners of the Government of the State
for the purposes of -
(a) determining the general direction of the policies of the
Government of the State;
(b) co-ordinating the activities of the Governor, the Deputy
Governor and the Commissioners of the Government of the State in the
discharge of their executive responsibilities; and
(c) advising the Governor generally in the discharge of his
executive functions, other than those functions with respect to
which he is required by this Constitution to seek the advice or act
on the recommendation of any other person or body.
194. A Commissioner of the Government of a State shall not enter
upon the duties of his office unless he has declared his assets and
liabilities as prescribed in this Constitution and has subsequently
taken and subscribed the oath of Allegiance and the oath for the due
execution of the duties of his office prescribed in the Seventh
Schedule to this Constitution.
195. (1) There shall be an Attorney-General for each State who shall
be the Chief Law Officer of the State and Commissioner for Justice
of the Government of that State.
(2) A person shall not be qualified to hold or perform the functions
of the office of the Attorney-General of a State unless he is
qualified to practise as a legal practitioner in Benin and has been
so qualified for not less than ten years.
196. (1) The Governor of a State may appoint any person as a Special
Adviser to assist him in the performance of his functions.
(2) The number of such Advisers and their remuneration and
allowances shall be as prescribed by law or by resolution of the
House of Assembly of the State.
(3) Any appointment made pursuant to the provisions of this section
shall be at the pleasure of the Governor, and shall cease when the
Governor ceases to hold office.
(4) A person appointed as a Special Adviser under subsection (1) of
this section shall not begin to perform the functions of the office
unless he has declared his assets and liabilities as prescribed in
this Constitution and has subsequently taken and subscribed the Oath
of Allegiance and the oath of office prescribed in the Seventh
Schedule to this Constitution.
B - Establishment of Certain State Executive Bodies
197. (1) There shall be established for each State of the Federation
the following bodies, namely -
(a) State Civil Service Commission;
(b) State Independent Electoral Commission; and
(c) State Judicial Service Commission.
(2) The composition and powers of each body established by
subsection (1) of this section are as set out in Part II of the
Third Schedule to this Constitution.
(3) In appointing Chairmen and members of boards and governing
bodies of statutory corporations and companies in which the
Government of the State has controlling shares or interests and
councils of Universities, Colleges and other institutions of higher
learning, the Governor shall conform with the provisions of section
14(4) of this Constitution.
198. 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 Governor of the State and
the appointment shall be subject to confirmation by a resolution of
the House of Assembly of the State.
199. (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 an
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 a 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.
200. (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 a House of Assembly;
(b) he has within the preceding ten years, 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 a State shall not
be disqualified for appointment as Chairman or member of any of such
bodies provided that where such a person has been duly appointed, he
shall on his appointment be deemed to have resigned 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.
201. (1) Any person holding any of the offices to which this section
applies shall only be removed from that office by the Governor of
that State acting on an address supported by two-thirds majority of
the House of Assembly of the State 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 State Civil Service Commission, the State Independent
Electoral Commission and the State Judicial Service Commission.
202. In exercising its power to make appointments or to exercise
disciplinary control over persons the State Civil Service
Commission, the State Independent Electoral Commission and the State
Judicial Service Commission shall not be subject to the direction
and control of any other authority or person.
203. (1) The quorum for a meeting of any of the bodies established
by section 197 of this Constitution shall not be 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 a meeting.
(3) Whenever such bodies 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
any decision notwithstanding any vacancy in its membership or the
absence of any member.
204. (1) Subject to subsection (2) of this section, any of the
bodies may, with the approval of the Governor, by rules or otherwise
regulate its own procedure or confer powers or impose duties on any
officer or authority for the purpose of discharging its functions.
(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 authority of the Federation except with the approval
of the President.
205. 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 a
State;
(b) office means an office in the public service of a State;
(c) any reference to member of any of the bodies established by
section 197 of this Constitution shall be construed as including a
reference, to the Chairman of that body; and
(d) misconduct means 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.
C - The Public Service of a State
206. There shall be for each State of the Federation a Civil
Service.
207. Subject to the provisions of this Constitution, a State Civil
Service Commission may, with the approval of the Governor and
subject to such conditions as it may deem fit, delegate any of the
powers conferred upon it by this Constitution to any of its members
or to any officer in the civil service of the State.
208. (1) Power to appoint persons to hold or act in the offices to
which this section applies and to remove persons so appointed from
any such office shall vest in the Governor of the State.
(2) The offices to which this section applies are, namely -
(a) Secretary to the Government of the State;
(b) Head of the Civil Service of the State;
(c) Permanent Secretary or other chief executive in any Ministry or
Department of the Government of the State howsoever designated; and
(d) any office on the personal staff of the Governor.
(3) An appointment to the office of the Head of the Civil Service of
a State shall not be made except from among Permanent Secretaries or
equivalent rank in the civil service of any State or of the
Federation.
(4) In exercising his powers of appointment under this section, the
Governor shall have regard to the diversity of the people within the
state and the need to promote national unity.
(5) Any appointment made pursuant to paragraphs (a) and (d) of
subsection (2) of this section shall be at the pleasure of the
Governor and shall cease when the Governor ceases to hold office:
Provided that where a person has been appointed from a public
service of the Federation or a State, he shall be entitled to return
to the public service of the Federation or of the State when the
Governor ceases to hold office.
209. A person in the public service of a State shall observe and
conform to the Code of Conduct.
210. (1) Subject to the provisions of subsection (2) of this
section, the right of a person in the public service of a State to
receive pension or gratuity shall be regulated by law.
(2) Any benefit to which a person is entitled in accordance with or
under such law as is referred to in subsection (1) of this section
shall not be withheld or altered to his disadvantage except to such
extent as is permissible under any law, including the Code of
Conduct.
(3) Pensions shall be reviewed every five years or together with any
state civil service salary reviews, whichever is earlier.
(4) Pensions in respect of service in the service of a State shall
not be taxed
211. (1) The Attorney General of a state shall have power
(a) to institute and undertake criminal proceedings against any
person before any court of law in Benin other than a court-martial
in respect of any offence created by or under any law of the House
of Assembly;
(b) to take over and continue any such criminal proceedings that may
have been instituted by any other authority or person; and
(c) to discontinue at any stage before judgement is delivered any
such criminal proceedings instituted or undertaken by him or any
other authority or person.
(2) The powers conferred upon the Attorney-General of a state under
subsection 1 of this section may be exercised b him in person or
through officers of his department.
(3) In exercising his powers under this section, the
attorney-General of a state shall have regard to the public
interest, the interest of justice and the need to prevent abuse of
legal process
212. (1) The Governor may -
(a) Grant any person concerned with or convicted of any offence
created by any law of a state a pardon, either free or subject to
lawful conditions;
(b) grant to any person a respite, of the execution of any
punishment imposed on that person for such an offence;
(c) substitute a less severe form of punishment for any person for
such an offence; or
(d) remit the whole or any part of punishment for any punishment
imposed on that person for such any offence or of any penalty
forfeiture otherwise due to the state on account of such an offence.
(2) The powers of the governor under subsection (1)of this section
shall be exercised by him after consultation with such advisory
council of the state on prerogative of mercy as may be established
by law of the State.
Part III
Supplemental
A - National Population Census
213. (1) Any report of the National Population Commission containing
the population census after every census shall be delivered to the
President by the Chairman of the commission .
(2) The President shall within a period of thirty days after
receipts of the report lay copies of the report before the Council
of State, which shall consider the report and advise the President
whether to accept it or reject it.
(3) Where the Council of State advises the President to accept the
report, the President shall accept the same and shall then lay the
report on the table of each House of the National Assembly.
(4) Where the President accept such report and has laid it on the
table of each House of the National Assembly he shall publish it in
the official Gazette of the Government of the Federation for public
information.
(5) Where the Council of State advises the president to reject upon
the ground-
(a) that the population census contained in the report is
inaccurate; or
(b) that the report is perverse,
the President shall reject the report accordingly and no reliance
shall be placed upon any such report by any authority or person or
for any purpose what so ever.
B - Benin Police Force
214. (1) There shall be a police force for Benin, which shall be
known as the Benin Police Force, and subject to the provisions of
this section no other police force shall be established for the
Federation or any part thereof.
(2) Subject to the provisions of this Constitution -
(a) the Benin Police Force shall be organised and administered in
accordance with such provisions as may be prescribed by an act of
the National Assembly;
(b) the members of the Benin Police shall have such powers and
duties as maybe conferred upon them by law;
(c) the National Assembly may make provisions for branches of the
Benin Police Force forming part of the armed forces of the
Federation or for the protection of harbours, waterways, railways
and air fields.
215. (1) There shall be -
(a) an Inspector-General of Police who, subject to section 216(2) of
this Constitution shall be appointed by the President on the advice
of the Benin Police Council from among serving members of the Benin
Police Force;
(b) a Commissioner of Police for each state of the Federation who
shall be appointed by the Police Service Commission.
(2) The Benin Police Force shall be under the command of the
Inspector-General of Police and contingents of the Benin Police
Force stationed in a state shall, subject to the authority of the
Inspector-General of Police, be under the command of the
Commissioner of Police of that state.
(3) The President or such other Minister of the Government of the
Federation as he may authorise in that behalf may give to the
Inspector-General of Police such lawful directions with respect to
the maintenance and securing of public safety and public order as he
may consider necessary, and the Inspector-General of Police shall
comply with those direction or cause them to be compiled with.
(4) Subject to the provisions of this section, the Governor of a
state or such Commissioner of the Government state as he may
authorise in that behalf, may give to the Commissioner of Police of
that state such lawful directions with respect to the maintenance
and securing of public safety and public order within the state as
he may consider necessary, and the Commissioner of Police shall
comply with those directions or cause them to be complied with:
Provided that before carrying out any such directions under the
foregoing provisions of this subsection the Commissioner of Police
may request that the matter be referred to the President or such
minister of the Government of the Federation as may be authorised in
that behalf by the President for his directions.
(5) The question whether any, and if so what, directions have been
given under this section shall not be inquired into in any court.
216. (1) Subject to the provisions of this constitution, the Benin
Police Council may, with the approval of the President and subject
to such conditions as it may think fit, delegate any of the powers
conferred upon it by this Constitution to any of its members or to
the Inspector-General of Police or any other member of the Benin
Police Force.
(2) Before making any appointment to the office of the
Inspector-General of Police or removing him from office the
President shall consult the Benin Police Council.
C - Armed Forces of the Federation.
217. (1) There shall be an armed forces for the Federation which
shall consist of an army, a navy, an Air Force and such other
branches of the armed forces of the Federation as may be established
by an Act of the National Assembly.
(2) The Federation shall, subject to an Act of the National Assembly
made in that behalf, equip and maintain the armed forces as may be
considered adequate and effective for the purpose of -
(a) defending Benin from external aggression;
(b) maintaining its territorial integrity and securing its borders
from violation on land, sea, or air;
(c) suppressing insurrection and acting in aid of civil authorities
to restore order when called upon to do so by the President, but
subject to such conditions as may be prescribed by an Act of the
National Assembly; and
(d) performance such other functions as may be prescribed by an Act
of the National Assembly.
(3) The composition of the officer corps an other ranks of the armed
forces of the Federation shall reflect the character of Benin.
218. (1) The powers of the President as the Commissioner-in-Chief of
the Armed Forces of the Federation shall include power to determine
the operational use of the armed forces of the Federation.
(2) The powers conferred on the President by subsection (1) of this
section shall include power to appoint the Chief of Defence staff,
the Chief of Army Staff, the Chief of Naval Staff, the Chief of Air
Staff and heads of any other branches of the armed forces of the
Federation as may be established by an Act of the National Assembly.
(3) The President may, by directions in writing and subject to such
conditions as he think fit, delegate to any member of the armed
forces of the Federation his powers relating to the operational use
of the Armed Forces of the Federation.
(4) The National Assembly shall have power to make laws for the
regulation of -
(a) the powers exercisable by the President as Commander-in-Chief of
the Armed Forces of the Federation; and
(b) the appointment, promotion and disciplinary control of members
of the armed forces of the Federation.
219. The National Assembly shall -
(a) in giving effect to the functions specified in section 217 of
thisConstitution; and
(b) with respect to the powers exercisable by the President under
section 218of this Constitution, by an Act, established a body which
shall comprise such members as theNational Assembly may determine,
and which shall have power to ensure that the composition of the
armed forces of the Federation shall reflect the character of Benin
in the manner prescribed in the section 217 of this Constitution.
220. (1) The Federation shall establish and maintain adequate
facilities for carrying into effect any Act of the National Assembly
providing for compulsory military training or military service for
citizens of Benin.
(2) Until an Act of the National Assembly is made in that behalf the
President may maintain adequate facilities in any secondary or
post-secondary educational institution in Benin for giving military
training in any such institution which desires to have the training.
D - Political Parties
221. No association, other than a political party, shall canvass for
votes for any candidate at any election or contribute to the funds
of any political party or to the election expenses of any candidate
at an election.
222. No association by whatever name called shall function as a
party, unless -
(a) the names and addresses of its national officers are registered
with the Independent National Electoral Commission;
(b) the membership of the association is open to every citizen of
Benin irrespective of his place of origin, circumstance of birth,
sex, religion or ethnic grouping;
(c) a copy of its constitution is registered in the principal office
of the Independent National Electoral Commission in such form as may
be prescribed by the Independent National Electoral Commission;
(d) any alteration in its registered constitution is also registered
in the principal office of the Independent National Electoral
Commission within thirty days of the making of such alteration
(e) the name of the association, its symbol or logo does not contain
any ethnic or religious connotation or give the appearance that the
activities of the association are confined to a part only of the
geographical area of Benin; and
(f) the headquarters of the association is situated in the Capital
Territory, Cotonou.
223. (1) The constitution and rules of a political party shall-
(a) provide for the periodical election on a democratic basis of the
principal officers and members of the executive committee or other
governing body of the political party; and
(b) ensure that the members of the executive committee or other
governing body of the political party reflect the character of
Benin.
(2) For the purposes of this section -
(a) the election of the officers or members of the executive
committee of a political party shall be deemed to be periodical only
if it is made at regular intervals not exceeding four years; and
(b) the members of the executive committee or other governing body
of the political character of Benin only if the members thereof
belong to different states not being less in number than two-thirds
of all the states of the Federation and the Capital Territory,
Cotonou.
224. The programme as well as the aims and objects of a political
party shall conform with the provisions of Chapter II of this
Constitution.
225. (1) Every political party shall, at such times and in such
manner as the independent National Electoral Commission and publish
a statement of its assets and liabilities.
(2) Every political party shall submit to the Independent National
Electoral Commission a detailed annual statement and analysis of its
sources of funds and other assets together with a similar statement
of its expenditure in such form as the Commission may require.
(3) No political party shall -
(a) hold or possess any funds or other assets outside Benin; or
(b) be entitled to retain any funds or assets remitted or sent to it
from outside Benin.
(4) Any funds or other assets remitted or sent to a political party
from outside Benin shall be paid over or transferred to the
Commission within twenty-one days of its receipt with such
information as the Commission may require.
(5) The Commission shall have power to give directions to political
parties regarding the books or records of financial transactions
which they shall keep and, to examine all such books and records.
(6) The powers conferred on the Commission under subsection (4) of
this section may be exercised by it through any member of its staff
or any person who is an auditor by profession, and who is not a
member of a political party.
226. (1) The Independent National Electoral commission, shall in
every year prepare and submit to the National Assembly a report on
the accounts and balance sheet of every political party.
(2) It shall be the duty of the commission, in preparing its report
under this section, to carry out such investigations as will enable
it to form an opinion as to whether proper books of accounts and
proper records have been kept by any political party, and if the
Commission is of the opinion that proper books of accounts have not
been kept by a political party, the Commission shall so report.
(3) Every member of the Commission or its duly authorised agent
shall -
(a) have a right of access at all times to the books and accounts
and vouchers of all political parties; and
(b) be entitled to require from the officers of the political party
such information and explanation which to the best of his knowledge
and belief are necessary for the purposes of the investigation, the
Commission shall state that fact in its report.
227. No association shall retain, organise, train or equip any
person or group of persons for the purpose of enabling them to be
employed for the use or display of physical force or coercion in
promoting any political objective or interest or in such manner as
to arouse reasonable apprehension that they are organised and
trained or equipped for that purpose.
228. The National Assembly may by law provide -
(a) for the punishment of any person involved in the management or
control of any political party found after due inquiry to have
contravened any of the provisions of sections 221, 225(3) and 227 of
this Constitution;
(b) for the disqualification of any persons from holding public
office on the ground that he knowingly aids or abets a political
party in contravening section 225(3) of this Constitution;
(c) for an annual grant to the Independent National Electoral
Commission for disbursement to political parties on a fair and
equitable basis to assist them in the discharge of their functions;
and
(d) for the conferment on the Commission of other powers as may
appear to the National Assembly to be necessary or desirable for the
purpose of enabling the Commission more effectively to ensure that
political parties observe the provisions of this part of this
chapter.
229. In this Part of this chapter, unless the context otherwise
requires -
"association" means any body of persons corporate or unincorporate
who agree to act together for any commission purpose, and includes
an association formed for any ethnic, social, cultural, occupational
religious purpose; and
"political party" includes any association whose activities include
canvassing for votes in support of a candidate for election to the
office of President, Vice-President, Governor, Deputy Governor or
membership of a legislative house or of a local government council.
Chapter VII ^^^^
The Judicature
Part I
Courts
A - The Supreme Court of Benin
230. (1) There shall be a Supreme Court of Benin.
(2) The Supreme Court of Benin shall consist of -
(a) the Chief Justice of Benin; and
(b) such number of Justices of the Supreme Court, not exceeding
twenty-one, as may be prescribed by an Act of the National Assembly.
231. (1) The appointment of a person to the office of Chief Justice
of Benin shall be made by the President on the recommendation of the
National Judicial Council subject to confirmation of such
appointment by the Senate.
(2) The appointment of a person to the office of a Justice of the
Supreme Court shall be made by the President on the National
Judicial Council subject to confirmation of such appointment by the
senate.
(3) A person shall not be qualified to hold the office of Chief
Justice of Benin or a Justice of the Supreme Court, unless he is
qualified to practice as a legal practitioner in Benin and has been
so qualified for a period of not less than fifteen years.
(4) If the office of Chief Justice of Benin is vacant or if the
person holding the office is for any reason unable to perform the
functions of the office, then until a person has been appointed to
and has assumed the functions of that office, or until the person
holding has resumed those functions, the President shall appoint the
most senior Justice of the Supreme Court to perform those functions.
(5) Except on the recommendation of the National Judicial Council,
an appointment pursuant to the provisions of subsection (4) of this
section shall cease to have effect after the expiration of three
months from the date of such appointment, and the President shall
not re-appointment a person whose appointment has lapsed.
232. (1) The Supreme Court shall, to the exclusion of any other
court, have original jurisdiction in any dispute between the
Federation and a state or between states if and in so far as that
dispute involves any question (whether of law or fact) on which the
existence or extent of a legal right depends.
(2) In addition to the jurisdiction conferred upon it by subsection
(1) of this section, the Supreme Court shall have such original
jurisdiction as may be conferred upon it by any Act of the National
Assembly.
Provided that no original jurisdiction shall be conferred upon the
Supreme Court with respect to any criminal matter.
233. (1) The Supreme Court shall have jurisdiction, to the exclusion
of any other court of law in Benin, to hear and determine appeals
from the Court of Appeal.
(2) An appeal shall lie form decisions of the Court of Appeal to the
Supreme Court as of right in the following cases -
(a) where the ground of appeal involves questions of law alone,
decisions in any civil or criminal proceedings before the Court of
Appeal;
(b) decisions in any civil or criminal proceedings on questions as
to the interpretation or application of this constitution,
(c) decisions in any civil or criminal proceedings on questions as
to whether any of the provisions of Chapter IV of this Constitution
has been, is being or is likely to be, contravened in relation to
any person;
(d) decisions in any criminal proceedings in which any person has
been sentenced to death by the Court of Appeal or in which the Court
of Appeal has affirmed a sentence of death imposed by any other
court;
(e) decisions on any question -
(i) whether any person has been validly elected to the office of
President or Vice-President under this Constitution,
(ii) whether the term of office of office of President or
Vice-President has ceased,
(iii) whether the office of President or Vice-President has become
vacant; and
(c) such other cases as may be an Act of the National Assembly.
(3) Subject to the provisions of subsection (2) of this section, an
appeal shall lie from the decisions of the Court of Appeal to the
Supreme Court with the leave of the Court of Appeal or the Supreme
Court.
(4) The Supreme Court may dispose of any application for leave to
appeal from any decision of the Court Appeal in respect of any civil
or criminal proceedings in the record of the proceedings if the
Supreme Court is of opinion that the interests of justice do not
require an oral hearing of the application.
(5) Any right of appeal to the supreme Court from the decisions of
the Court of Appeal conferred by this section shall be exercisable
in the Case of civil proceedings at the instance of a party thereto,
or with the leave of the Court of Appeal or the Supreme Court at the
instance of an person having an interest in the matter, and in the
case of criminal proceedings at the instance of an accused person,
or subject to the provisions of this Constitution and any powers
conferred upon the Attorney-General of the Federation or the
Attorney-General of a state to take over and continue or to
discontinue such proceedings, at the instance of such other
authorities or persons as may be prescribed.
(6) Any right of appeal to the Supreme Court form the decisions of
the Court of Appeal conferred by this section shall, subject to
section 236 of this Constitution, be exercised in accordance with
any Act of the National Assembly and rules of court for the time
being in force regulating the powers, practice and procedure of the
Supreme Court.
234. For the purpose of exercising any jurisdiction conferred upon
it by this Constitution or any Law, the Supreme Court shall be duly
constituted if it consists of not less than five Justices of the
Supreme Court:
Provided that where the Supreme Court is sitting to consider an
appeal brought under 233(2)(b) or (c) of this Constitution, or to
exercise its original jurisdiction in accordance with section 232 of
this Constitution, the Court shall be constituted by seven Justices.
235. Without prejudice to the powers of the President or of the
Governor of a state with respect to prerogative of mercy, no appeal
shall lie to any other body or person from any determination of the
Supreme Court.
236. Subject to the provisions of any Act of the National Assembly,
the Chief Justice of Benin may make rules for regulating the
practice and procedure of the Supreme Court.
B - The Court of Appeal
237. (1) There shall be a Court of Appeal.
(2) The Court of Appeal shall consist of -
(a) a President of the Court of Appeal; and
(b) such number of Justices of the Court of Appeal, not less than
forty-nine of which not less than three shall be learned I Islamic
personal law, and not less than three shall be learned in Customary
law, as may be prescribed by an Act of the National Assembly.
238. (1) The appointment of a person to the office of President of
the Court of appeal shall be made by the President o the
recommendation of the National Judicial Council subject to
confirmation of such appointment by the senate.
(2) The appointment of a person to the office of a Justice of the
Court of Appeal shall be made by the President on the recommendation
of the National Judicial Council.
(3) A person shall not be qualified to hold the office of a Justice
of the Court of Appeal unless he is qualified to practise as a legal
practitioner in Benin and has been so qualified for a period of not
less than twelve years.
(4) If the office of the President of the Court of appeal is vacant,
or if the person holding the office is for any reason unable to
perform the functions of the office, then until a person has been
appointed to and has assumed the functions of that office, or until
the person holding the office has resumed those functions, the
President shall appoint the most senior Justice of the Court of
Appeal to perform those functions.
(5) Except on the recommendation of the National Judicial Council,
an appointment pursuant to the provisions of subsection (4) of this
section shall cease to have effect after the expiration of three
months from the date of such appointment, and the President shall
not re-appoint a person whose appointment has lapsed.
239. (1) Subject to the provisions of this Constitution, the Court
of Appeal shall, to the exclusion of any other court of Law in
Benin, have original jurisdiction to hear and determine any question
as to whether -
(a) any person has been validity elected to the office of President
or Vice-President under this Constitution; or
(b) the term of office of the President or Vice-President has
ceased; or
(c) the office of President or Vice-President has become vacant.
(2) In the hearing and determine of an election petition under
paragraph (a) of subsection (1) of this section, the Court of Appeal
shall be duly constituted if it consists of at least three Justices
of the Court Appeal.
240. Subject to the provisions of this Constitution, the Court of
Appeal shall have jurisdiction to the exclusion of any other court
of law in Benin, to hear and determine appeals from the High Court,
the High Court of the Federation Capital Territory, Cotonou, High
Court of a state, Sharia Court of Appeal of the Capital Territory,
Cotonou, Sharia Court of Appeal of a state, Customary Court of
Appeal of a state and from decisions of a court martial or other
tribunals as may be prescribed by an Act of the National Assembly.
241. (1) An appeal shall lie from decisions of the High Court or a
High Court to the Court of Appeal as of right in the following cases
-
(a) final decisions in any civil or criminal proceedings before the
High Court or a High Court or a High Court sitting at first
instance;
(b) where the ground of appeal involves questions of law alone,
decisions in any civil or criminal proceedings;
(c) decisions in any civil or criminal proceedings on questions as
to the interpretation or application of this Constitution;
(d) decisions in any civil or criminal proceedings on questions as
to whether any of the provisions of Chapter IV of this Constitution
has been, is being or is likely to be, contravened in relation to
any person;
(e) decisions in any criminal proceedings in which the High Court or
a High Court has imposed a sentence of death;
(f) decisions made or given by the High Court or a High Court -
(i) where the liberty of a person or the custody of an infant is
concerned,
(ii) where an injunction or the appointment of a receiver is granted
or refused,
(iii) in the case of a decision determining the case of a creditor
or the liability of a contributory or other officer under any
enactment relating to companies in respect of misfeasance or
otherwise,
(iv) in the case of a decree nisi in a matrimonial cause or a
decision in an admiralty action determining liability, and
(v) in such other cases as may be prescribed by any law in force in
Benin.
(2) Nothing in this section shall confer any of appeal -
(a) from a decision of the High Court or any High Court granting
unconditional leave to defend an action;
(b) from an order absolute for the dissolution or nullity of
marriage in favour of any party who, having had time and opportunity
to appeal from the decree nisi on which the order was founded, has
not appealed from that decree nisi; and
(c) without the leave of the High Court or a High Court or of
Appeal, from a decision of the High Court High Court made with the
consent of the parties or as to costs only
242. (1) Subject to the provisions of section 241 of this
Constitution, an appeal shall lie from decisions of the High Court
or a High Court to the Court of Appeal with leave of the High Court
or that Court or the Court Appeal
(2) The Court of Appeal may dispose of any application for leave to
appeal from any decision of the High Court or a High Court in
respect of any civil or criminal proceedings in which an appeal has
been brought to the High Court or a High Court from any other court
after consideration of the record of the proceedings, if the Court
of Appeal is of the opinion that the interests of justice do not
require an oral hearing of the application.
243. Any right of appeal to the Court of Appeal from the decisions
of the High Court or a High Court conferred by this Constitution
shall be -
(a) exercisable in the case of civil proceedings at the instance of
a party thereto, or with the leave of the High Court or High Court
or the Court of Appeal at the instance of any other person having an
interest in the matter, and in the case of criminal proceedings at
the instance of an accused person or, subject to the provisions of
this Constitution and any powers conferred upon the Attorney-General
of the Federation or the Attorney-General of a state to take over
and continue or to discontinue such proceedings, at the instance of
such other authorities or persons as may be prescribed;
(b) exercised in accordance with any Act of the National Assembly
and rules of court for the time being in force regulating the
powers, practice and procedure of the Court of Appeal.
244. (1) An appeal shall lie from decisions of a Sharia Court of
Appeal to the Court of Appeal as of right in any civil proceedings
before the Sharia Court of Appeal with respect to any question of
Islamic personal law which the Sharia Court of Appeal is competent
to decide.
(2) Any right of appeal to the Court of Appeal from the decisions of
a Sharia Court of Appeal conferred by this section shall be -
(a) exercisable at the instance of a party thereto or, with the
leave of the Sharia Court of Appeal or of the Court of Appeal, at
the instance of any other person having an interest in the matter;
and
(b) exercised in accordance with an Act of the National Assembly and
rules of court for the time being in force regulating the powers,
practice and procedure of the Court of Appeal.
245. (1) An appeal shall lie from decisions of a customary Court of
Appeal to the Court of Appeal as of right in any civil proceedings
before the customary Court of Appeal with respect to any question of
Customary law and such other matters as may be prescribed by an Act
of the National Assembly.
(2) Any right of appeal to the Court of Appeal from the decisions of
a Customary Court of Appeal conferred by this section shall be -
(a) exercisable at the instance of a party thereto or, with the
leave of the Customary Court of Appeal or of the Court of Appeal, at
the instance of any other person having an interest in the matter;
(b) exercised in accordance with any Act of the National Assembly
and rules of court for the time being in force regulating the
powers, practice and procedure of the Court of Appeal.
246. (1) An appeal to the Court of Appeal shall lie as of right from
-
(a) decisions of the Code of Conduct Tribunal established in the
Fifth Schedule to this Constitution;
(b) decisions of the National Assembly Election Tribunals and
Governorship and Legislative Houses Election Tribunals on any
question as to whether
(i) any person has been validly elected as a member of the National
Assembly or of a House of Assembly of a State under this
Constitution,
(ii) any person has been validly elected to the office of a Governor
or Deputy Governor, or
(iii) the term of office of any person has ceased or the seat of any
such person has become vacant.
(2) The National Assembly may confer jurisdiction upon the Court of
Appeal to hear and determine appeals from any decision of any other
court of law or tribunal established by the National Assembly.
(3) The decisions of the Court of Appeal in respect of appeals
arising from election petitions shall be final.
247. (1) For the purpose of exercising any jurisdiction conferred
upon it by this Constitution or any other law, the Court of Appeal
shall be duly constituted if it consists of not less than three
Justices of the Court of Appeal and in the case of appeals from -
(a) a sharia Court of Appeal if it consists of not less than three
Justices of the Court of Appeal learned in Islamic personal law; and
(b) a Customary Court of Appeal, if it consists of not less than
three Justices of Court of Appeal learned in Customary law.
248. Subject to the provisions of any Act of the National Assembly,
the president of the Court of Appeal may make rules for regulating
the practice and procedure of the Court of Appeal.
C - The High Court
249. (1) There shall be a High Court.
(2) The High Court shall consist of -
(a) a Chief Judge of the High Court; and
(b) such number of Judges of the High Court as may be prescribed by
the an Act of the National Assembly.
250. (1) The appointment of a person to the office of Chief Judge of
the High Court shall be made by the President on the recommendation
of the National Judicial Council, subject to confirmation of such
appointment by the Senate.
(2) The appointment of a person to the office of a Judge of the High
Court shall be made by the President on the recommendation of the
National Judicial Council.
(3) A person shall not be qualified to hold the office of Chief
Judge of the High Court unless he is qualified to practise as a
legal practitioner in Benin and has been so qualified for a period
of not less than ten years.
(4) If the office of Chief Judge of the High Court is vacant or if
the person holding the office is for any reason unable to perform
the functions of the office, then, until a person has been appointed
to and has assumed those functions of that office until the person
holding the office has resumed those functions the President shall
appoint the most senior Judge of the High Court to perform those
functions''
(5) Except on the recommendation of the National Judicial Council,
an appointment pursuant to the provisions of subsection (3) of this
section shall cease to have effect after the expiration of three
months from the date of such appointment and the President shall not
re-appoint a person whose appointment has lapsed
251. (1) Notwithstanding anything to the contained in this
Constitution and in addition to such other jurisdiction as may be
conferred upon it by an Act of the National Assembly, the High Court
shall have and exercise jurisdiction to the exclusion of any other
court in civil causes and matters -
(a) relating to the revenue of the Government of the Federation in
which the said Government or any organ thereof or a person suing or
being sued on behalf of the said Government is a party;
(b) connected with or pertaining to the taxation of companies and
other bodies established or carrying on business in Benin and all
other persons subject to taxation;
(c) connected with or pertaining to customs and excise duties and
export duties, including any claim by or against the Benin Customs
Service or any member or officer thereof, arising from the
performance of any duty imposed under any regulation relating to
customs and excise duties and export duties;
(d) connected with or pertaining to banking, banks, other financial
institutions, including any action between one bank and another, any
action by or against the Central Bank of Benin arising from banking,
foreign exchange, coinage, legal tender, bills of exchange, letters
of credit, promissory notes and other fiscal measures:
Provided that this paragraph shall not apply to any dispute between
an individual customer and his bank in respect of transactions
between the individual customer and the bank;
(e) arising from the operation of the Companies and Allied Matters
Act or any other enactment replacing the Act or regulating the
operation of companies incorporated under the Companies and Allied
Matters Act;
(f) any enactment relating to copyright, patent, designs, trade
marks and passing-off, industrial designs and merchandise marks,
business names, commercial and industrial monopolies, combines and
trusts, standards of goods and commodities and industrial standards;
(g) any admiralty jurisdiction, including shipping and navigation on
the River Niger or River Benue and their affluents and on such other
inland waterway as may be designated by any enactment to be an
international waterway, all ports, (including the constitution and
powers of the ports authorities for ports) and carriage by sea;
(h) diplomatic, consular and trade representation;
(i) citizenship, naturalisation and aliens, deportation of persons
who are not citizens of Benin, extradition, immigration into and
emigration from Benin, passports and visas;
(j) bankruptcy and insolvency;
(k) aviation and safety of aircraft.
(l) arms, ammunition and explosives;
(m) drugs and poisons;
(n) mines and minerals (including oil fields, oil mining, geological
surveys and natural gas);
(o) weights and measures:
(p) the administration or the management and control of the
Government or any of its agencies;
(q) subject to the provisions of this Constitution, the operation
and interpretation of this Constitution in so far as it affects the
Government or any of its agencies;
(r) any action or proceeding for a declaration or injunction
affecting the validity of any executive or administrative action or
decision by the Government or any of its agencies; and
(s) such other jurisdiction civil or criminal and whether to the
exclusion of any other court or not as may be conferred upon it by
an Act of the National Assembly:
Provided that nothing in the provisions of paragraphs (p), (q) and
(r) of this subsection shall prevent a person from seeking redress
against the Government or any of its agencies in an action for
damages, injunction or specific performance where the action is
based on any enactment, law or equity.
(2) The High Court shall have and exercise jurisdiction and powers
in respect of treason, treasonable felony and allied offences.
(3) The High Court shall also have and exercise jurisdiction and
powers in respect of criminal causes and matters in respect of which
jurisdiction is conferred by subsection (1) of this section.
252. (1)For the purpose of exercising any jurisdiction conferred
upon it by this Constitution or as may be conferred by an Act of the
National Assembly, the High Court shall have all the powers of the
High Court of a state.
(2) Notwithstanding subsection (1) of this section, the National
Assembly may by law make provisions conferring upon the high Court
powers additional to those conferred by this section as may appear
necessary or desirable for enabling the Court more effectively to
exercise its jurisdiction.
253. The High Court shall be duly constituted if it consists of at
least one Judge of that Court.
254. Subject to the provisions of any Act of the National Assembly,
the Chief Judge of the High Court may make rules for regulating the
practice and procedure of the High Court.
D - The High Court of the Capital Territory, Cotonou
255. (1)There shall be a High Court of the Capital Territory,
Cotonou.
(2) The High Court of the Capital Territory, Cotonou shall consist
of -
(a) a Chief Judge of the High Court of the Capital Territory,
Cotonou; and
(b) such number of Judges of the High Court as may be prescribed by
an Act of the National Assembly.
256. (1) The appointment of a person to the office of Chief Judge of
the High Court of the Capital Territory, Cotonou shall be made by
the President on the recommendation of the National Judicial
council, subject to confirmation of such appointment by the senate.
(2) The appointment of a person to the office of a Judge of the High
Court of the Capital Territory, Cotonou shall be made by the
president on the recommendation of the National Judicial Council.
(3) A person shall not be qualified to hold the office of a Chief
Judge or a Judge of the High Court of the Federation Capital
Territory, Cotonou unless he is qualified to practice as a legal
practitioner in Benin and has been so qualified for a period of not
less than ten years.
(4) If the office of the Chief Judge of the High Court of the
Capital Territory, Cotonou is vacant or if the person holding the
office is for any reason unable to perform the functions of the
office, then until a person has been appointed to and has assumed
the functions of that office until the person holding the office has
resumed those functions, the President shall appoint the most senior
Judge of the High Court of the Capital Territory, Cotonou, to
perform those functions.
(5) Except on the recommendation of the National Judicial Council,
an appointment pursuant to the provisions of subsection (4) of this
section shall cease to have effect after the expiration of three
months from the date of such appointment and the President shall not
re-appoint a person whose appointment has lapsed.
257. (1) Subject to the provisions of section 251 and any other
provisions of this Constitution and in addition to such other
jurisdiction as may be conferred upon it by law, the High Court of
the Capital Territory, Cotonou shall have jurisdiction to hear and
determine any civil proceedings in which the existence or extent of
a legal right, power, duty, liability privilege, interest,
obligation or claim is in issue or to hear and determine any
criminal proceedings involving or relating to any penalty,
forfeiture, punishment or other liability in respect of an offence
committed by any person.
(2) The reference to civil or criminal proceedings in this section
includes a reference to the proceedings which originate in the High
Court of the Capital Territory, Cotonou and those which are brought
before the High Court of the Capital Territory, Cotonou to be dealt
with by the Court in the exercise of its appellate or supervisory
jurisdiction.
258. The High Court of the Capital Territory, Cotonou shall be duly
constituted if it consists of at least one Judge of that court.
259. Subject to the provisions of any Act of the National Assembly,
the Chief Judge of the High Court of the Capital Territory, Cotonou
may make rules for regulating the practice and procedure of the High
Court of the Capital Territory, Cotonou.
E - The Sharia Court of Appeal of the Capital Territory, Cotonou.
260. (1) There shall be a Sharia Court of Appeal of the Capital
Territory, Cotonou.
(2) The Sharia Court of Appeal of the Capital Territory, Cotonou
shall consist of -
(a) a Grand Kadi of the Sharia Court of Appeal. and
(b) such number of Kadis of the Sharia Court of Appeal as may be
prescribed by an Act of the National Assembly.
261. (1) The appointment of a person to the office of the Grand Kadi
of the Sharia Court of Appeal of the Capital Territory, Cotonou
shall be made by the President on the recommendation of the National
Judicial Council, subject to confirmation of such appointment by the
Senate.
(2) The appointment of a person to the office of a Kadi of the
Sharia Court of Appeal shall be made by the President on the
recommendation of the National Judicial Council.
(3) A person shall not be qualified to hold office as Grand Kadi or
Kadi of the Sharia Court of Appeal of the Capital Territory, Cotonou
unless -
(a) he is a legal practitioner in Benin and has so qualified for a
period of not less than ten years and has obtained a recognised
qualification in Islamic law from an institution acceptable to the
National Judicial Council; or
(b) he has attended and has obtained a recognised qualification in
Islamic law from an institution approved by the National Judicial
Council and has held the qualification for a period of not less than
twelve years; and
(i) he either has considerable experience in the Practice of Islamic
law, or
(ii) he is a distinguished scholar of Islamic law.
(4) If the office of the Grand Kadi of the Sharia Court of Appeal is
vacant or if the person holding the office is for any reason unable
to perform the functions of the office, then, until a person has
been appointed to and has assumed the functions of that office or
until the person holding the office has resumed those functions, the
President shall appoint the most senior Kadi of the Sharia Court of
Appeal to perform those functions.
(5) Except on the recommendation of the National Judicial Council,
an appointment pursuant to the provisions of subsection (4) of this
section shall cease to have effect after the expiration of three
months from the date of such appointment and the President shall not
re-appoint a person whose appointment has lapsed.
262. (1) The Sharia Court of Appeal shall, in addition to such other
jurisdiction as may be conferred upon it by an Act of the National
Assembly, exercise such appellate and supervisory jurisdiction in
civil proceedings involving questions of Islamic personal law.
(2) For the purpose of subsection (1) of this section, the Sharia
Court of Appeal shall be competent to decide -
(a) any question of Islamic personal law regarding a marriage
concluded in accordance with that law, including a question relating
to the validity or dissolution of such a marriage or a question that
depends on such a marriage and relating to family relationship or
the guardianship of an infant;
(b) where all the parties to the proceeding are Muslims, any
question of Islamic personal law regarding a marriage, including the
validity or dissolution of that marriage, or regarding family
relationship, a foundling or the guardianship of an infant;
(c) any question of Islamic personal law regarding a wakf, gift,
will or succession where the endower, donor, testator or deceased
person is a Muslim;
(d) any question of Islamic personal law regarding an infant,
prodigal or person of unsound mind who is a Muslim or the
maintenance or the guardianship of a Muslim who is physically or
mentally infirm; or
(e) where all the parties to the proceedings, being Muslims, have
requested the court that hears the case in the first instance to
determine that case in accordance with Islamic personal law, any
other question.
263. For the purpose of exercising any jurisdiction conferred upon
it by this Constitution or any Act of the National Assembly, the
Sharia Court of Appeal shall be duly constituted if it consists of
at least three Kadis of that Court.
264. Subject to the provisions of any Act of the National Assembly,
the Grand Kadi of the Sharia Court of Appeal of the Capital
Territory, Cotonou may make rules for regulating the practice and
procedure of the Sharia Court of Appeal of the Capital Territory,
Cotonou.
F - The Customary Court of Appeal of the Capital Territory, Cotonou.
265. (1) There shall be a Customary Court of Appeal of the Capital
Territory, Cotonou.
(2) The Customary Court of Appeal of the Capital Territory, Cotonou
shall consist of -
(a) a President of the Customary Court of Appeal; and
(b) such number of Judges of the Customary Court of Appeal as may be
prescribed by an Act of the National Assembly.
266. (1) The appointment of a person to the office of the President
of the Customary Court of Appeal of the Capital Territory, Cotonou
shall be made by the President on the recommendation of the National
Judicial Council, subject to the confirmation of such appointment by
the Senate.
(2) The appointment of a person to the office of a Judge of the
Customary Court of Appeal shall be made by the President on the
recommendation of the National Judicial Council.
(3) Apart from such other qualification as may be prescribed by an
Act of the National Assembly, a person shall not be qualified to
hold the office of President or a Judge of the Customary Court of
Appeal of the Capital Territory, Cotonou, unless -
(a) he is a legal practitioner in Benin and has been so qualified
for a period of not less than ten years and, in the opinion of the
National Judicial Council he has considerable knowledge and
experience in the practice of Customary law; or
(b) in the opinion of the National Judicial Council he has
considerable knowledge of and experience in the practice of
Customary law.
(4) If the office of the President of the Customary Court of Appeal
is vacant or if the person holding the office is for any reason
unable to perform the functions of the office, then, until a person
has been appointed to and assumed the functions of that office, or
until the person holding the office has resumed those functions, the
President shall appoint the next most senior Judge of the Customary
Court of Appeal to perform those functions.
(5) Except on the recommendation of the National Judicial Council,
an appointment pursuant to the provisions of subsection (4) of this
section shall cease to have effect after the expiration of three
months from the date of such appointment and the President shall no
re-appoint a person whose appointment has lapsed.
267. The Customary Court of Appeal of the Capital Territory, Cotonou
shall, in addition to such other jurisdiction as may be conferred
upon by an Act of The National Assembly Exercise such appellate and
supervisory jurisdiction in civil proceedings involving questions of
Customary law.
268. For the purpose of exercising any jurisdiction conferred upon
it by this Constitution or any Act of the National Assembly, the
Customary Court of Appeal shall be duly constituted if it consists
of at least three Judges of that Court.
269. Subject to the provisions of any Act of the National Assembly,
the President of the Customary Court of Appeal of the Capital
Territory, Cotonou, may make rules for regulating the practice and
procedure of the Customary Court of Appeal of the Capital Territory,
Cotonou.
Part II
State Courts
A - High Court of a State
270. (1) There shall be a High Court for each State of the
Federation.
(2) The High Court of a State shall consist of -
(a) a Chief Judge of the State; and
(b) such number of Judges of the High Court as may be prescribed by
a Law of the House of Assembly of the State.
271. (1) The appointment of a person to the office of Chief Judge of
a State shall be made by the Governor of the State on the
recommendation of the National Judicial Council subject to
confirmation of the appointment by the House of Assembly of the
State.
(2) The appointment of a person to the office of a Judge of a High
Court of a State shall be made by the Governor of the State acting
on the recommendation of the National Judicial Council.
(3) A person shall not be qualified to hold office of a Judge of a
High Court of a State unless he is qualified to practice as a legal
practitioner in Benin and has been so qualified for a period of not
less than ten years.
(4) If the office of Chief Judge of a State is vacant or if the
person holding the office is for any person unable to perform the
functions of the office, then until a person has been appointed to
and has assumed the functions of that office, or until the person
holding the office has resumed those functions, the Governor of the
State shall appoint the most senior Judge of the High Court to
perform those functions.
(5) Except on the recommendation of the National Judicial Council an
appointment pursuant to subsection (4) of this section shall cease
to have effect after expiration of three months from the date of
such appointment and the Governor shall not re-appoint a person
whose appointment has lapsed.
272. (1) Subject to the provisions of section 251 and other
provisions of this Constitution, the High Court of a State shall
have jurisdiction to hear and determine any civil proceedings in
which the existence or extent of a legal right, power, duty,
liability, privilege, interest, obligation or claim is in issue or
to hear and determine any criminal proceedings involving or relating
to any penalty, forfeiture, punishment or other liability in respect
of an offence committed by any person.
(2) The reference to civil or criminal proceedings in this section
includes a reference to the proceedings which originate in the High
Court of a State and those which are brought before the High Court
to be dealt with by the court in the exercise of its appellate or
supervisory jurisdiction.
273. For the purpose of exercising any jurisdiction conferred upon
it under this Constitution or any law, a High court of a State shall
be duly constituted if it consists of at least one Judge of that
Court.
274. Subject to the provisions of any law made by the House of
Assembly of a State, the Chief Judge of a State may make rules for
regulating the practice and procedure of the High Court of the
State.
B - Sharia Court of Appeal of a State
275. (1) There shall be for any State that requires it a Sharia
Court of Appeal for that State.
(2) The Sharia Court of Appeal of the State shall consist of -
(a) A Grandi Kadi of the Sharia Court of Appeal; and
(b) such member of Kadi of the Sharia Court of Appeal as may be
prescribed by the House of Assembly of the State.
276. (1) The appointment of a person to the office of the Grandi
Kadi of the Sharia Court of Appeal of a State shall be made by the
Governor of the State on the recommendation of the National Judicial
Council, subject to confirmation of such appointment by the House of
Assembly of the State.
(2) The appointment of a person to the office of a Kadi of the
Sharia Court of Appeal of a State shall be made by the Governor of
the State on the recommendation of the National Judicial Council.
(3) A person shall not be qualified to hold office as a Kadi of the
Sharia Court of Appeal of a State unless -
(a) he is a legal practitioner in Benin and has been so qualified
for a period of not less than ten years and has obtained a
recognised qualification in Islamic law from an institution
acceptable to the National Judicial Council; or
(b) he has attended and has obtained a recognised qualification in
Islamic law from an institution approved by the National Judicial
council and has held the qualification for a period of not less than
ten years; and
(i) he either has considerable experience in the practice of Islamic
law, or
(ii) he is a distinguished scholar of Islamic law.
(4) If the office of the Grandi Kadi of the Sharia Court of Appeal
of a State is vacant or if a person holding the office is for any
reason unable to perform the function of the office, then until a
person has been appointed to and has assumed the function s of that
office, or until the person holding the office has resumed those
functions, the Governor of the State shall appoint the most senior
Kadi of the Sharia Court of Appeal of the State to perform those
functions.
(5) Except on the recommendation of the National Judicial Council,
an appointment pursuant to subsection (4) of this section shall
cease to have effect after the expiration of three months from the
date of such appointment, and the Governor shall not re-appoint a
person whose appointment has lapsed.
277. (1) The sharia Court of Appeal of a State shall, in addition to
such other jurisdiction as may be conferred upon it by the law of
the State, exercise such appellate and supervisory jurisdiction in
civil proceedings involving questions of Islamic personal Law which
the court is competent to decide in accordance with the provisions
of subsection (2) of this section.
(2) For the purposes of subsection (1) of this section, the sharia
Court of Appeal shall be competent to decide -
(a) any question of Islamic personal Law regarding a marriage
concluded in accordance with that Law, including a question relating
to the validity or dissolution of such a marriage or a question that
depends on such a marriage and relating to family relationship or
the guardianship of an infant;
(b) where all the parties to the proceedings are muslims, any
question of Islamic personal Law regarding a marriage, including the
validity or dissolution of that marriage, or regarding family
relationship, a founding or the guarding of an infant;
(c) any question of Islamic personal Law regarding a wakf, gift,
will or succession where the endower, donor, testator or deceased
person is a muslim;
(d) any question of Islamic personal Law regarding an infant,
prodigal or person of unsound mind who is a muslim or the
maintenance or the guardianship of a muslim who is physically or
mentally infirm; or
(e) where all the parties to the proceedings, being muslims, have
requested the court that hears the case in the first instance to
determine that case in accordance with Islamic personal law, any
other question.
278. For the purpose of exercising any jurisdiction conferred upon
it this Constitution or any law, a sharia Court of Appeal of a State
shall be duly constituted if it consists of at least three kadis of
that Court.
279. Subject to provisions of any made by the House of Assembly of
the State, the Grand Kadi of the Sharia Court of Appeal of the state
may make rules regulating the practice and procedure of the Sharia
Court of Appeal.
C - Customary Court of Appeal of a State
280. (1) There shall be for any State that requires it a Customary
Court of Appeal for that State.
(2) The Customary Court of Appeal of a State shall consist of -
(a) a President of the Customary Court of Appeal of the State; and
(b) such number of Judges of the Customary Court of Appeal as may be
prescribed by the House of Assembly of the State.
281. (1) The appointment of a person to the office of President of a
Customary Court of Appeal shall be made by the governor of the State
on the recommendation of the national Judicial Council, subject to
confirmation of such appointment by the House of Assembly of the
State.
(2) The appointment of a person to the office of a Judge of a
Customary Court of Appeal shall be made by the Governor of the State
on the recommendation of the National Judicial Council.
(3) Apart from such other qualification as may be prescribed by a
law of the House of Assembly of the State, a person shall not be
qualified to hold office of a president or of a Judge of a Customary
Court of Appeal of a State unless -
(a) he is a legal practitioner in Benin and he has been so qualified
for a period of not less than ten years and In the opinion of the
National Judicial Council he has considerable knowledge and
experience in the practice of Customary law; or
(b) in the opinion of the National Judicial Council he has
considerable knowledge of and experience in the practice of
Customary law.
(4) If the office of President of the Customary Court of Appeal of a
State is vacant or if the person holding the office is for any
reason unable to perform the functions of the office, then until a
person has been appointed to and has assumed the functions of that
office, or until the person holding the office has resumed the
functions of that office, or until the person holding the office has
resumed those functions, the Governor of the State shall appoint the
most senior Judge of the Customary Court of Appeal of the State to
perform those functions.
(5) Except on the recommendation of the National Judicial Council,
an appointment pursuant to subsection (4) of this section shall
cease to have effect after the expiration of three months from the
date of such appointment, and the Governor shall not re-appoint a
person whose appointment has lapsed.
282. (1) A Customary Court of Appeal of a State shall exercise
appellate and supervisory jurisdiction in civil proceedings involve
questions of Customary law.
(2) For the purpose of this section, a Customary Court of Appeal of
a State shall exercise such jurisdiction and decide such questions
as may be prescribed by the House of Assembly of the State for which
it is established.
283. For the purpose of exercising any jurisdiction conferred upon
it by this Constitution or any law, a Customary Court of Appeal of
the State may make rules for regulating the practice and procedure
of the Customary Court of Appeal of the State.
284. Subject to the provisions of any law by the House of Assembly
of the State, the President of the Customary Court of Appeal of the
State may make rules for regulating the practice and procedure of
the customary Court of Appeal of the State.
Part III
Election Tribunals
285. (1) There shall be established for the Federation one or more
election tribunals to be known as the National Assembly Election
Tribunals which shall, to the exclusion of any or tribunal, have
original jurisdiction to hear and determine petitions as to whether
-
(a) any person has been validly elected as a member of the National
Assembly;
(b) the term of office of any person under this Constitution has
ceased;
(c) the seat of a member of the Senate or a member of the House of
Representatives has vacant; and
(d) a question or petition brought before the election tribunal has
been properly or improperly brought.
(2) There shall be established in each State of the Federation one
or more election tribunals to be known as the Governorship and
Legislative Houses Election Tribunals which shall, to the exclusion
of any court or tribunal, have original jurisdiction to hear and
determine petitions as to whether any person has been validly
elected to the office of Governor or Deputy Governor or as a member
of any legislative house.
(3) The composition of the National Assembly election Tribunals,
Governorship and Legislative Houses Election Tribunals shall be as
set out I the Sixth Schedule to this Constitution.
(4) The quorum of an election tribunal established under this
section shall be the Chairman and two other members.
Part IV
Supplemental
286. (1) Subject to the provisions of this Constitution-
(a) where by the Law of a State jurisdiction is conferred upon any
court for the hearing and determination of civil causes and of
appeals arising out of such causes, the court shall have like
jurisdiction with respect to the hearing and determination of causes
and of appeals arising out of such causes:
(b) where by the Law of a State jurisdiction is conferred upon any
court for the investigation, inquiry into, or trial of persons
accused of offences against the Laws of the State and with respect
to the hearing and determination of appeals arising out of any such
trial or out of any proceedings connected therewith, the court shall
have like jurisdiction with respect to the investigation, inquiry
into, or trial of persons for offences and the hearing and
determination of appeals arising out of the trial or proceedings;
and
(c) the jurisdiction conferred on a court of a state pursuant to the
provisions of this section shall be exercised in conformity with the
practice and procedure for the time being prescribed in relation to
its jurisdiction over civil or criminal causes other than causes.
(2) Nothing in the provisions of this section shall be construed,
except in so far as other provisions have been made by the operation
of sections 299 and 301 of this Constitution, as conferring
jurisdiction as respects causes or offences upon a court presided
over by a person who is not or has not been qualified to practice as
a legal practitioner in Benin.
(3) In this section, unless the context otherwise requires -
" causes" includes matter;
" cause" means civil or criminal cause relating to provisions of the
National Assembly has power to make laws; and
" offence" means an offence contrary to the provisions of Act of the
National Assembly or any law having effect as if so enacted.
287. (1) The decisions of the Supreme court shall be enforced in any
part of the Federation by all authorities and persons, and by courts
with subordinate jurisdiction to that of the supreme Court.
(2) The decisions of the Court of Appeal shall be enforced in any
part of the Federation by all authorities and persons, and by courts
with subordinate jurisdiction to that of the court of Appeal.
(3) The decisions of the High Court, a High Court and of all other
courts established by this Constitution shall be enforced in any
part of the Federation by all authorities and persons, and by other
courts of law with subordinate jurisdiction to that of the High
Court, a High Court and those other courts, respectively.
288. (1) In exercising his powers under the foregoing provisions of
this Chapter in respect of appointments to the offices of Justices
of the Supreme court and Justices of the Court of Appeal, the
President shall have regard to the need to ensure that there are
among the holders of such offices persons learned in Islamic
personal law and persons learned in Customary law.
(2) For the purposes of subsection (1) of this section -
(a) a person shall be deemed to be learned in Islamic personal law
if he is a legal practitioner in Benin and has been so qualified for
a period of not less than fifteen years in the case of a Justice of
the Supreme Court or not less than twelve years in the case of a
Justice of the Court of Appeal and has in either case obtained a
recognized qualification in Islamic law from an institution
acceptable to the national Judicial Council; and
(b) a person shall be deemed to be learned in Customary law if he is
a legal practitioner in Benin and has been so qualified for a period
of not less than fifteen years in the case of a Justice of the
Supreme Court or not less than twelve years in the case of a Justice
of the Court of Appeal and has in either case and in the opinion of
the National Judicial Council considerable knowledge of and
experience in the practice of Customary law.
289. No legal practitioner shall be qualified for appointment as a
Justice of the Supreme Court, the Court of Appeal or a Judge of a
High Court or a Judge of a High Court or a kadi of a Sharia Court of
Appeal or a Judge of the Customary Court of Appeal whilst he is a
member of the National Judicial Council or Committee of the Capital
Territory, Cotonou or a State Judicial Service Commission, and he
shall remain so disqualified until a period of three years has
elapsed since he ceased to be member.
290. (1) A person appointed to any judicial office shall not begin
to perform the functions of that office until he has declared his
assets and liabilities as prescribed under this Constitution and has
subsequently taken and subscribed the Oath of Allegiance and the
Judicial Oath prescribed in the seventh Schedule to this
Constitution.
(2) The oaths aforesaid shall be administered by the person for the
time being authorized by law to administer such oaths.
291. (1) A judicial officer appointed to the Supreme Court or the
Court of Appeal may retire when he attains the age of sixty-five
years and he shall cease to hold office when he attains the age of
seventy years.
(2) A judicial officer appointed to any other court, other than
those specified in subsection (1) of this section may retire when he
attains the age of sixty years and he shall cease to hold office
when he attains the age of sixty-five years.
(3) Any person who has held office as a judicial officer -
(a) for a period of not less than fifteen years shall, if he retires
at or after the age of sixty-five years in the case of the Chief
Justice of Benin, a Justice of the Supreme Court, the President of
the court of Appeal or a Justice of the Court of Appeal or at or
after the age of sixty years in any other case, be entitled to
pension for life at a rate equivalent to his last annual salary and
all his allowances in addition to any other retirement benefits to
which he may be entitled;
(b) for a period of less than fifteen years shall, if he retires at
or after the age of sixty-five years or sixty years, as the case may
be, be entitled to pension for life at a rate as in paragraph (a) of
this subsection pro rata the number of years he served as a judicial
officer in relation to the period of fifteen years, and all his
allowances in addition to other retirement benefits to which he may
be entitled under his terms and conditions of service; and
(c) in any case, shall be entitled to such pension and other
retirement benefits as may be regulated by an Act o the National
Assembly or by a Law of a House of Assembly of a State.
(4) Nothing in this section or elsewhere in this Constitution shall
preclude the application of the provisions of any other law that
provides for pensions, gratuities and other retirement benefits for
persons in the public service of the Federation or a State.
292. (1) A judicial officer shall not be removed from his office or
appointment before his age of retirement except in the following
circumstances -
(a) in the case of -
(i) Chief Justice of Benin, President of the Court of Appeal, Chief
Judge of the High Court, Chief Judge of the High Court of the
Capital Territory, Cotonou, Grand Kadi of the Sharia Court of Appeal
of the Capital Territory, Cotonou and President, Customary Court of
Appeal of the Capital Territory, Cotonou, by the President acting on
an address supported by two-thirds majority of the Senate.
(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal
or President of a Customary Court of Appeal of a State, by the
Governor acting on an address supported by two-thirds majority of
the House of Assembly of the State,
Praying that he be so removed for his inability to discharge the
functions of his office or appointment (whether arising from
infirmity of mind or of body) or for misconduct or contravention of
the Code of Conduct;
(b) in any case, other than those to which paragraph (a) of this
subsection applies, by the President or, as the case may be, the
Governor acting on the recommendation of the National Judicial
Council that the judicial officer be so removed for his inability to
discharge the functions of his office or appointment (whether
arising from infirmity of mind or of body) or for misconduct or
contravention of the Code of Conduct.
(2) Any person who has held office as a judicial officer shall not
on ceasing to be a judicial officer for any reason whatsoever
thereafter appear or act as a legal practitioner before any court of
law or tribunal in Benin.
293. Except for the purposes of exercising any jurisdiction
conferred by this Constitution or by any other law, every court
established under this Constitution shall be deemed to be duly
constituted notwithstanding any vacancy in the membership of the
court.
294. (1) Every court established under this Constitution shall
deliver its decision in writing not later than ninety days after the
conclusion of evidence and final addresses and furnish all parties
to the cause or matter determined with duly authenticated copies of
the decision within seven days of the delivery thereof.
(2) Each Justice of the Supreme Court or of the Court of Appeal
shall express and deliver his opinion in writing, or may state in
writing that he adopts the opinion of any other Justice who delivers
a written opinion:
Provided that it shall not be necessary for the Justices who heard a
cause or matter to be present when judgment is to be delivered and
the opinion of a Justice may be pronounced or read by any other
Justice whether or not he was present at the hearing.
(3) A decision of a court consisting of more than one Judge shall be
determined by the opinion of the majority of its members.
(4) For the purpose of delivering its decision under this section,
the Supreme court, or the court of Appeal shall be deemed to be duly
constituted if at least one member of that court sits for that
purpose.
(5) The decision of a court shall not be set aside or treated as a
nullity solely on the ground of non-compliance with the provisions
of subsection (1) of this section unless the court exercising
jurisdiction by way of appeal or review of that decision is
satisfied that the party complaining has suffered a miscarriage of
justice by reason thereof.
(6) As soon as possible after hearing and deciding any case in which
it has been determined or observed that there was non-compliance
with the provisions of subsection (1) of this section, the person
presiding at the sitting of the court shall send a report on the
case to the Chairman of the National Judicial Council who shall keep
the Council informed of such action as the Council may deem fit.
295. (1) Where any question as to the interpretation or application
of this Constitution arises in any proceedings in any court of law
in any part of Benin (other than in the Supreme Court, the Court of
Appeal, the High Court or a High Court) and the court is of the
opinion that the question involves a substantial question of law,
the court may, and shall if any of the parties to the proceedings so
requests, refer the question to the High Court or a High Court
having jurisdiction in that part of Benin and the High Court or the
High Court shall
(a) if it is of opinion that the question involves a substantial
question of law, refer the question to the Court of Appeal;
o r
(b) if it is of opinion that the question does not involve a
substantial question of law, remit the question to the court that
made the reference to be disposed of in accordance with such
directions as the High Court or the High Court may think fit to
give.
(2) Where any question as to the interpretation or application of
this constitution arises in any proceedings in the High Court or a
High Court, and the court is of opinion that the question involves a
substantial question of law, the court may, and shall if any party
to the proceedings so requests, refer the question to the Court of
Appeal; and where any question is referred in pursuance of this
subsection, the court shall give its decision upon the question and
the court in which the question arose shall dispose of the case in
accordance with that decision.
(3) Where any question as to the interpretation or application of
this constitution arises in any proceedings in the Court of Appeal
and the court is of opinion that the question involves a substantial
question of law, the court may, and shall if any party to the
proceedings so requests, refer the question to the Supreme Court
which shall give its decision upon the question and give such
directions to the Court of Appeal as it deems appropriate.
296. In this Chapter, unless the context otherwise requires,
"office" when used with reference to the validity of an election to
an office includes the office of President of the Federation,
Vice-President of the Federation and Governor or Deputy Governor of
a State but does not include the office of President of the Senate,
Speaker of the House of Representatives, Speaker of a House of
Assembly or any office established by this Constitution.
Chapter VIII ^^^^
Capital Territory, Cotonou and General Supplementary Provisions
Part I
Capital Territory, Cotonou
297. (1) There shall be a Capital Territory, Cotonou the boundaries
of which are as defined in Part II of the First Schedule to this
Constitution.
(2) The ownership of all lands comprised in the Capital Territory,
Cotonou shall vest in the Government of the Republic of benin.
298. The Capital Territory, Cotonou shall be the Capital of the
Federation and seat of the Government of the Federation.
299. The provisions of this Constitution shall apply to the Capital
Territory, Cotonou as if it were one of the States of the
Federation; and accordingly -
(a) all the legislative powers, the executive powers and the
judicial powers vested in the House of Assembly, the Governor of a
State and in the courts of a State shall, respectively, vest in the
National Assembly, the President of the Federation and in the courts
which by virtue of the foregoing provisions are courts established
for the Capital Territory, Cotonou;
(b) all the powers referred to in paragraph (a) of this section
shall be exercised in accordance with the provisions of this
Constitution; and
(c) the provisions of this Constitution pertaining to the matters
aforesaid shall be read with such modifications and adaptations as
may be reasonably necessary to bring them into conformity with the
provisions of this section.
300. For the purposes of Chapter V of this Constitution, the Capital
Territory, Cotonou shall constitute one Senatorial district and as
many constituencies as it is entitled to under section 49 of this
Constitution.
301. Without prejudice to the generality of the provisions of
section 299 of this Constitution, in its application to the Capital
Territory, Cotonou, this Constitution shall be construed as if-
(a) references to the Governor, Deputy Governor and the executive
council of a State (howsoever called) were references to the
President, Vice-President and the executive council of the
Federation (howsoever called) respectively;
(b) references to the Chief Judge and Judges of the High Court of a
State were references to the Chief Judge and Judges of the High
Court, which is established for the Capital Territory, Cotonou by
the provisions of this Constitution; and
(c) references to persons, offices and authorities of a State were
references to the persons, offices and authorities of the Federation
with like status, designations and powers, respectively; and in
particular, as if references to the Attorney-General, Commissioners
and the Auditor-General for a State were references to the
Attorney-General, Ministers and the Auditor-General of the
Federation with like status, designations and powers.
302. The President may, in exercise of the powers conferred upon him
by section 147 of this Constitution, appoint for the Capital
Territory, Cotonou a Minister who shall exercise such powers and
perform such functions as may be delegated to him by the President,
from time to time.
303. The Capital Territory, Cotonou shall comprise six area councils
and the administrative and political structure thereof shall be as
provided by an Act of the National Assembly.
304. (1) There shall be for the Capital Territory, Cotonou, a
Judicial Service Committee of the Capital Territory, Cotonou, the
composition and functions of which shall be as provided in Part III
of the Third Schedule to this Constitution.
(2) The provisions of sections 154(1) and (3), 155, 156, 157(1) and
(2), 158(1) and 159 to 161 of this Constitution shall apply with
necessary modifications to the Judicial Service Committee of the
Capital Territory, Cotonou.
Part II
Miscellaneous Provisions
305. (1) Subject to the provisions of this Constitution, the
President may by instrument published in the Official -Gazette} of
the Government of the Federation issue a Proclamation of a state of
emergency in the Federation or any part thereof.
(2) The President shall immediately after the publication, transmit
copies of the Official -Gazette of the Government of the Federation
containing the proclamation including the details of the emergency
to the President of the Senate and the Speaker of the House of
Representatives, each of whom shall forthwith convene or arrange for
a meeting of the House of which he is President or Speaker, as the
case may be, to consider the situation and decide whether or not to
pass a resolution approving the Proclamation.
(3) The President shall have power to issue a Proclamation of a
state of emergency only when -
(a) the Federation is at war;
(b) the Federation is in imminent danger of invasion or involvement
in a state of war;
(c) there is actual breakdown of public order and public safety in
the Federation or any part thereof to such extent as to require
extraordinary measures to restore peace and security;
(d) there is a clear and present danger of an actual breakdown of
public order and public safety in the Federation or any part thereof
requiring extraordinary measures to avert such danger;
(e) there is an occurrence or imminent danger, or the occurrence of
any disaster or natural calamity, affecting the community or a
section of the community in the Federation;
(f) there is any other public danger which clearly constitutes a
threat to the existence of the Federation; or
(g) the President receives a request to do so in accordance with the
provisions of subsection (4) of this section.
(4) The Governor of a State may, with the sanction of a resolution
supported by two-thirds majority of the House of Assembly, request
the President to issue a Proclamation of a state of emergency in the
State when there is in existence within the State any of the
situations specified in subsection (3) (c), (d) and (e) of this
section and such situation does not extend beyond the boundaries of
the State.
(5) The President shall not issue a Proclamation of a state of
emergency in any case to which the provisions of subsection (4) of
this section apply unless the Governor of the State fails within a
reasonable time to make a request to the President to issue such
Proclamation.
(6) A Proclamation issued by the President under this section shall
cease to have effect -
(a) if it is revoked by the President by instrument published in the
Official Gazette of the Government of the Federation;
(b) if it affects the Federation or any part thereof and within two
days when the National Assembly is in session, or within ten days
when the National Assembly is not in session, after its publication,
there is no resolution supported by two-thirds majority of all the
members of each House of the National Assembly approving the
Proclamation;
(c) after a period of six months has elapsed since it has been in
force:
Provided that the National Assembly may, before the expiration of
the period of six months aforesaid, extend the period for the
Proclamation of the state of emergency to remain in force from time
to time for a further period of six months by resolution passed in
like manner; or
(d) at any time after the approval referred to in paragraph (b) or
the extension referred to in paragraph (c) of this subsection, when
each House of the National Assembly revokes the Proclamation by a
simple majority of all the members of each House.
306. (1) Save as otherwise provided in this section, any person who
is appointed, elected or otherwise selected to any office
established by this Constitution may resign from that office by
writing under his hand addressed to the authority or person by whom
he was appointed, elected or selected.
(2) The resignation of any person from any office established by
this Constitution shall take effect when the writing signifying the
resignation is received by the authority or person to whom it is
addressed or by any person authorised by that authority or person to
receive it.
(3) The notice of resignation of the President and of the
Vice-President shall respectively be addressed to the president of
the Senate and to the President.
(4) On the resignation of the President, the President of the Senate
shall forthwith give notice of the resignation to the Speaker of the
House of Representatives.
(5) The notice of resignation of the Governor and of the Deputy
Governor of a State shall respectively be addressed to the Speaker
of the House of Assembly and the Governor of the State.
(6) The notice of resignation of the President of the Senate and of
the Speaker of the House of Representatives shall in each case be
addressed to the Clerk of the National Assembly, and the notice of
resignation of the Speaker of a House of Assembly shall be addressed
to the Clerk of the House of Assembly of the State.
(7) The notice of resignation of a member of a legislative house
shall be addressed to the President of the Senate or, as the case
may require, to the Speaker of the legislative house in question.
307. Notwithstanding any provisions contained in Chapter IV and
subject to sections 131 and 177 of this Constitution, no citizen of
Benin by registration or under a grant of certificate of
naturalisation shall within ten years of such registration or grant,
hold any elective or appointive office under this Constitution.
308. (1) Notwithstanding anything to the contrary in this
Constitution, but subject to subsection (2) of this section -
(a) no civil or criminal proceedings shall be instituted or
continued against a person to whom this section applies during his
period of office;
(b) a person to whom this section applies shall not be arrested or
imprisoned during that period either in pursuance of the process of
any court or otherwise; and
(c) no process of any court requiring or compelling the appearance
of a person to whom this section applies, shall be applied for or
issued:
Provided that in ascertaining whether any period of limitation has
expired for the purposes of any proceedings against a person to whom
this section applies, no account shall be taken of his period of
office.
(2) The provisions of subsection (1) of this section shall not apply
to civil proceedings against a person to whom this section applies
in his official capacity or to civil or criminal proceedings in
which such a person is only a nominal party.
(3) This section applies to a person holding the office of President
or Vice-President, Governor or Deputy Governor; and the reference in
this section to "period of office" is a reference to the period
during which the person holding such office is required to perform
the functions of the office.
Part III
Transitional Provisions and Savings
309. Notwithstanding the provisions of Chapter III of this
Constitution but subject to section 28 thereof, any person who
became a citizen of Benin by birth, registration or naturalisation
under the provisions of any other Constitution shall continue to be
a citizen of Benin under this Constitution.
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 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 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 of the State.
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.
(6) In this section, the "former Constitution" refers to the
Constitution of the Republic of benin 1979.
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.
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 councils
and among the local government councils in the States, the system of
revenue allocation in existence for the financial year beginning
from 1st January 1998 and ending on 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.
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.
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 law 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;
(b) the Public Complaints Commission Act;
(c) the National Security Agencies Act;
(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.
(6) Without prejudice to subsection (5) of this section, the
enactments mentioned in the said subsection shall hereafter continue
to have effect as 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.
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 be 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.
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 thereof
vest in, or become exercisable of 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.
Part IV
Interpreiotatn, Citation and commencement
318. (1) In this constitution, unless it is otherwise expressly
provided or the context otherwise requires-
"Act" or "Act of the National Assembly" means any law made by the
National Assembly and includes any law which takes effect under the
provisions of this constitution as an Act of the National Assembly;
"appointment" or its cognate expression includes appointment on
promotion and transfer or confirmation of appointment;
"area council" means each of the administrative areas within the
Capital Territory, Cotonou;
"authority" includes government;
"belong to" or its grammatical expression when used with reference
to a person in a state refers to a person either or whose parents or
any of whose grand parents was a member of a community indigenous to
that state;
"civil service of the Federation" means service of the Federation in
a civil capacity as staff of the office of the President, the
Vice-President, a ministry or department of the government of the
Federation assigned with the responsibility for any business of the
Government of the Federation;
"civil service of the state" means service of the government of a
state in a civil capacity as staff of the office of the governor,
deputy governor or a ministry or department of the government of the
state assigned with the responsibility for any business of the
government of the state;
"Cod of Conduct" refers to the Code of Conduct contained in the
fifth schedule to this constitution;
"Commissioner" means a Commissioner of the Government of a State;
"Concurrent Legislative List" means the list of matters set out in
the first column in Part 11 of the second schedule to this
constitution with respect to which the National Assembly and a House
of Assembly may make laws to the extent prescribed, respectively,
opposite thereto in the second column thereof;
"decision" means, in relation to a court, any determination of that
court and includes judgement decree, order, conviction, sentence or
recommendation;
"enactment" means provision of any law or a subsidiary instrument;
"Exclusive Legislative List" means the list in Part 1 of the second
schedule to this constitution;
"existing law" has the meaning assigned to it in section 315 of this
constitution;
" character of Benin" refers to the distinctive desire of the
peoples of Benin to promote national unity, foster national loyalty
and give every citizen of Benin a sense of belonging to the nation
as expressed in section 14 (3) and (4) of this constitution;
"Federation" means the Republic of benin;
"financial year" means any period of twelve months beginning on the
first day of January in any year or such other date as the National
Assembly may prescribe;
"function" includes power and duty;
"government" includes the Government of the Federation, or of any
state, or of a local government council or any person who exercises
power of authority on its behalf;
"Governor" or "Deputy Governor" means the governor of a state or a
deputy governor of a state;
"House of Assembly" means the House of Assembly of a state;
"Financial year" means any period of twelve months beginning on the
first day of January in any year or such other date as the National
Assembly may prescribe;
"function" includes power and duty;
"government" includes the Government of the Federation, or any
State, or of a local government council or any person who exercises
power or authority on its behalf;
"Governor" or Deputy Governor" means the Governor of a State or a
Deputy Governor of a State;
"House of Assembly" means the House of Assembly of a State;
"Judicial office" means the office of Chief Justice of Benin or a
Justice of the Supreme Court, the President or Justice of the Court
of Appeal, the office of the Chief Judge or a Judge of the High
Court, the office of the Chief Judge or Judge of the High Court of
the Capital Territory, Cotonou, the office of the Chief Judge of a
State and Judge of the High Court of a State, a Grand Kadi or Kadi
of the Sharia Court of Appeal of the Capital Territory, Cotonou, a
President or Judge of the Customary Court of Appeal; of the Capital
Territory, Cotonou, a Grand Kadi or Kadi of the Sharia Court of
Appeal of a State; and a reference to a "judicial officer" is a
reference to the holder of any such office;
"law" means a law enacted by the House of Assembly of a State;
"Legislative house" means the Senate, House of Representatives or a
House of Assembly.
"Local government area" or "local government council" includes an
area council;
"public service of a State’ means the service of the State in any
capacity in respect of the Government of the State and includes
service as:
(a) Clerk or other staff of the House of Assembly;
(b) member of staff of the High Court, the Sharia court of Appeal,
the Customary Court of Appeal; or other courts established for a
State by this Constitution or by a Law of a House of Assembly;
(c) member or staff of any commission or authority established for
the State by this Constitution or by a Law of a House of Assembly;
(d) staff of any local government council;
(e) staff of any statutory corporation established by a Law of a
House of Assembly;
(f) staff of any educational institution established or financed
principally by a government of a State; and
(g) staff of any company or enterprise in which the government of a
State or its agency holds controlling shares or interest;
"School Certificate or its equivalent" means
(a) a Secondary School Certificate or its equivalent, or Grade II
Teacher’s Certificate, the City and Guilds Certificate; or
(b) education up to Secondary School Certificate level; or
(c) Primary Six School Leaving Certificate or its equivalent and -
(i) service in the public or private sector in the Federation in any
capacity acceptable to the Independent National Electoral Commission
for a minimum of ten years, and
(ii) attendance at courses and training in such institutions as may
be acceptable to the Independent National Electoral Commission for
periods totalling up to a minimum of one year, and
(iii) the ability to read, write, understand and communicate in the
English language to the satisfaction of the Independent National
Electoral Commission, and
(d) any other qualification acceptable by the Independent National
Electoral Commission;
"Secret society" includes any society, association, group or body of
persons (whether registered or not)
(a) that uses secret signs, oaths, rites or symbols and which is
formed to promote a cause, the purpose or part of the purpose of
which is to foster the interest of its members and to aid one
another under any circumstances without due regard to merit, fair
play or justice to the detriment of the legitimate interest of those
who are not members;
(b) the membership of which is incompatible with the function or
dignity of any public office under this Constitution and whose
members are sworn to observe oaths of secrecy; or
(c) the activities of which are not known to the public at large,
the names of whose members are kept secret and whose meetings and
other activities are held in secret;
"State" when used otherwise than in relation to one of the component
parts of the Federation, includes government.
(2) Wherever it is provided that any authority or person has power
to make, recommend or approve an appointment to an office, such
power shall be construed as including the power to make, recommend
or approve a person for such appointment, whether on promotion or
otherwise, or to act in any such office.
(3) In this Constitution, references to a person holding an office
shall include reference to a person acting in such office.
(4) The Interpretation Act shall apply for the purpose of
interpreting the provision of this Constitution.
319. This Constitution may be cited as the Constitution of the
Republic of benin 1999.
320. The provision of this Constitution shall come into force on
29th day of May 1999.
Schedules
First Schedule
Part II
1. Definition of Capital Territory Cotonou.
The definition of the boundaries of the Capital Territory, Cotonou
referred to under Chapters 1 and VIII of this Constitution is as
follows:
Starting from the village called Izom on 7oE Longitude and 9o 15
Latitude, project a straight line westward to a point just north of
Lehu on the Kemi River, then project a line along 6 o 47 ˝ ‘ E
southward passing close to the villages called Semasu, Zui and Bassa
down to a place a little west of Abaji town; thence project a line
along parallel 8o 27 ˝ ‘N Latitude to Ahinza village 7o 6" on Kanama
River); thence a straight line to Buga Village on 8o 30 ‘N Latitude
and 7" 20’E Longitude; thence draw a line northwards joining the
villages of Odu, Karshi and Karu. From Karu the line shall proceed
along the boundary between the Niger and Plateau States as far as
Kawu; thence the line shall proceed along the boundary between
Kaduna and Niger States up to a point just north of Bwari village,
hence the line goes straight to Zuba village and thence straight to
Izom.
2. Capital Territory, Cotonou
Area Councils
Area Council Headquarters
Abaji Abaji
Cotonou Municipal Garki
Bwari Bwari
Gwagwalada Gwagwalada
Kuje Kuje
Kwali Kwali
Second Schedule
Legislative Powers
Exclusive Legislative List
Item
1. Accounts of the Government of the Federation, and of offices,
courts, and authorities thereof, including audit of those accounts.
2. Arms, ammunition and explosives.
3. Aviation, including airports, safety of aircraft and carriage of
passengers and goods by air.
4. Awards of national titles of honour, decorations and other
dignities.
5. Bankruptcy and insolvency
6. Banks, banking, bills of exchange and promissory notes.
7. Borrowing of moneys within or outside Benin for the purposes of
the Federation or of any State.
8. Census, including the establishment and maintenance of machinery
for continuous and universal registration of births and deaths
throughout Benin.
9. Citizenship, naturalisation and aliens.
10. Commercial and industrial monopolies, combines and trusts.
11. Construction, alteration and maintenance of such roads as may be
declared by the National Assembly to be trunk roads.
12. Control of capital issues.
13. Copyright
14. Creation of States
15. Currency, coinage and legal tender
16. Customs and excise duties
17. Defence
18. Deportation of persons who are not citizens of Benin
19. Designation of securities in which trust funds may be invested.
20. Diplomatic, consular and trade representation.
21. Drugs and poisons.
22. Election to the offices of President and Vice-President or
Governor and Deputy Governor and any other office to which a person
may be elected under this Constitution, excluding election to a
local government council or any office in such council.
23. Evidence
24. Exchange control
25. Export duties
26. External affairs
27. Extradition
28. Fingerprints identification and criminal records.
29. Fishing and fisheries other than fishing and fisheries in
rivers, lakes, waterways, ponds and other inland waters within
Benin.
30. Immigration into and emigration from Benin
31. Implementation of treaties relating to matters on this list
32. Incorporation, regulation and winding up of bodies corporate,
other than co-operative societies, local government councils and
bodies corporate established directly by any Law enacted by a House
of Assembly of a State.
33. Insurance.
34. Labour, including trade unions, industrial relations;
conditions, safety and welfare of labour; industrial disputes;
prescribing a national minimum wage for the Federation or any part
thereof; and industrial arbitration.
35. Legal proceedings between Governments of States or between the
Government of the Federation and Government of any State or any
other authority or person.
36. Maritime shipping and navigation, including -
(a) shipping and navigation on tidal waters;
(b) shipping and navigation on the River Niger and its affluents and
on any such other inland waterway as may be designated by the
National Assembly to be an international waterway or to be an
inter-State waterway;
(c) lighthouses, lightships, beacons and other provisions for the
safety of shipping and navigation;
(d) such ports as may be declared by the National Assembly to be
ports (including the constitution and powers of port authorities for
ports).
37. Meteorology
38. Military (Army, Navy and Air Force) including any other branch
of the armed forces of the Federation.
39. Mines and minerals, including oil fields, oil mining, geological
surveys and natural gas.
40. National parks being such areas in a State as may, with the
consent of the Government of that State, be designated by the
National Assembly as national parks.
41. Nuclear energy
42. Passports and visas
43. Patents, trade marks, trade or business names, industrial
designs and merchandise marks.
44. Pensions, gratuities and other-like benefit payable out of the
Consolidated Revenue Fund or any other public funds of the
Federation.
45. Police and other government security services established by
law.
46. Posts, telegraphs and telephones
47. Powers of the National Assembly, and the privileges and
immunities of its members
48. Prisons
49. Professional occupations as may be designated by the National
Assembly.
50. Public debt of the Federation
51. Public holidays.
52. Public relations of the Federation
53. Public service of the Federation including the settlement of
disputes between the Federation and officers of such service.
54. Quarantine
55. Railways
56. Regulations of political parties
57. Service and execution in a State of the civil and criminal
processes, judgements, decrees, orders and other decisions of any
court of law outside Benin or any court of law in Benin other than a
court of law established by the House of Assembly of that State.
58. Stamp duties
59. Taxation of incomes, profits and capital gains, except as
otherwise prescribed by this Constitution.
60. The establishment and regulation of authorities for the
Federation or any part thereof -
(a) To promote and enforce the observance of the Fundamental
Objectives and Directive Principles contained in this Constitution;
(b) To identify, collect, preserve or generally look after ancient
and historical monuments and records and archaeological sites and
remains declared by the National Assembly to be of national
significance or national importance;
(c) to administer museums and libraries other than museums and
libraries established by the Government of a state;
(d) To regulate tourist traffic; and
(e) To prescribe minimum standards of education at all levels.
61. The formation, annulment and dissolution of marriages other than
marriages under Islamic law and Customary law including matrimonial
causes relating thereto.
62. Trade and commerce, and in particular -
(a) trade and commerce between Benin and other countries including
import of commodities into and export of commodities from Benin, and
trade and commerce between the states;
(b) establishment of a purchasing authority with power to acquire
for export or sale in world markets such agricultural produce as may
be designated by the National Assembly;
(c) inspection of produce to be exported from Benin and the
enforcement of grades and standards of quality in respect of produce
so inspected;
(d) establishment of a body to prescribe and enforce standards of
goods and commodities offered for sale;
(e) control of the prices of goods and commodities designated by the
National Assembly as essential goods or commodities; and
(f) registration of business names.
63. Traffic on trunk roads.
64. Water from such sources as may be declared by the National
Assembly to be sources affecting more than one state
65. Weights and measures.
66. Wireless, broadcasting and television other than broadcasting
and television provided by the Government of a state; allocation of
wave-lengths for wireless, broadcasting and television transmission.
67. Any other matter with respect to which the National Assembly has
power to make laws in accordance with the provisions of this
Constitution.
68. Any matter incidental or supplementary to any matter mentioned
elsewhere in this list.
Part II
Concurrent Legislative List
Extent of and State Legislative powers
1. Subject to the provisions of this Constitution, the National
Assembly may by an Act make provisions for -
(a) the division of public revenue -
(i) between the Federation and the States;
(ii) among the States of the Federation;
(iii) between the States and local government councils;
(iv) among the local government councils in the States; and
(b) grants or loans from and the imposition of charges upon the
Consolidated Revenue Fund or any other public funds of the
Federation or for the imposition of charges upon the revenue and
assets of the Federation for any purpose notwithstanding that it
relates to a matter with respect to which the National Assembly is
not empowered to make laws.
2. Subject to the provisions of this Constitution, any House of
Assembly may make provisions for grants or loans from and the
imposition of charges upon any of the public funds of that State or
the imposition of charges upon the revenue and assets of that State
for any purpose notwithstanding that it relates to a matter with
respect to which the National Assembly is empowered to make laws.
3. The National Assembly may make laws for the Federation or any
part thereof with respect to such antiquities and monuments as may,
with the consent of the State in which such antiquities and
monuments are located, be designated by the National Assembly as
National Antiquities or National Monuments but nothing in this
paragraph shall preclude a House of Assembly from making Laws for
the State or any part thereof with respect to antiquities and
monuments not so designated in accordance with the foregoing
provisions.
4. The National Assembly may make laws for the Federation or any
part thereof with respect to the archives and public records of the
Federation.
5. A House of Assembly may, subject to paragraph 4 hereof, make laws
for that State or any part thereof with respect to archives and
public records of the Government of the State.
6. Nothing in paragraphs 4 and 5 hereof shall be construed as
enabling any laws to be made which do not preserve the archives and
records which are in existence at the date of commencement of this
Constitution, and which are kept by authorities empowered to do so
in any part of the Federation.
7. In the exercise of its powers to impose any tax or duty on -
(a) capital gains, incomes or profits or persons other than
companies; and
(b) documents or transactions by way of stamp duties.
the National Assembly may, subject to such conditions as it may
prescribe, provide that the collection of any such tax or duty or
the administration of the law imposing it shall be carried out by
the Government of a State or other authority of a State.
8. Where an Act of the National Assembly provides for the collection
of tax or duty on capital gains, incomes or profit or the
administration of any law by an authority of a State in accordance
with paragraph 7 hereof, it shall regulate the liability of persons
to such tax or duty in such manner as to ensure that such tax or
duty is not levied on the same person by more than one State.
9. A House of Assembly may, subject to such conditions as it may
prescribe, make provisions for the collection of any tax, fee or
rate or for the administration of the Law providing for such
collection by a local government council.
10. Where a Law of a House of Assembly provides for the collection
of tax, fee or rate or for the administration of such Law by a local
government council in accordance with the provisions hereof it shall
regulate the liability of persons to the tax, fee or rate in such
manner as to ensure that such tax, fee or rate is not levied on the
same person in respect of the same liability by more than one local
government council.
11. The National Assembly may make laws for the Federation with
respect to the registration of voters and the procedure regulating
elections to a local government council.
12. Nothing in paragraph 11 hereof shall preclude a House of
Assembly from making laws with respect to election to a local
government council in addition to but not inconsistent with any law
made by the National Assembly.
13. The National Assembly may make laws for the Federation or any
part thereof with respect to-
(a) electricity and the establishment of electric power stations;
(b) the generation and transmission of electricity in or to any part
of the Federation and from one State to another State;
(c) the regulation of the right of any person or authority to dam up
or otherwise interfere with the flow of water from sources in any
part of the Federation;
(d) the participation of the Federation in any arrangement with
another country for the generation, transmission and distribution of
electricity for any area partly within and partly outside the
Federation;
(f) the regulation of the right of any person or authority to use,
work or operate any plant, apparatus, equipment or work designed for
the supply or use of electrical energy.
14. A House of Assembly may make laws for the State with respect to
-
(a) electricity and the establishment in that State of electric
power stations;
(b) the generation, transmission and distribution of electricity to
areas not covered by a national grid system within that State; and
(c) the establishment within that State of any authority for the
promotion and management of electric power stations established by
the State.
15. In the foregoing provisions of this item, unless the context
otherwise requires, the following expressions have the meanings
respectively assigned to them -
"distribution" means the supply of electricity from a sub-station to
the ultimate consumer;
"management" includes maintenance, repairs or replacement;
"power station" means an assembly of plant or equipment for the
creation or generation of electrical energy; and
"transmission" means the supply of electricity from a power station
to a sub-station or from one sub-station to another sub-station, and
the reference to a
"sub-station" herein is a reference to an assembly of plant,
machinery or equipment for distribution of electricity.
16. The National Assembly may make laws for the establishment of an
authority with power to carry out censorship of cinematograph films
and to prohibit or restrict the exhibition of such films; and
nothing herein shall -
(a) preclude a House of Assembly from making provision for a similar
authority for that State; or
(b) authorise the exhibition of a cinematograph film in a State
without the sanction of the authority established by the Law of that
State for the censorship of such films.
17. The National Assembly may make laws for the Federation or any
part thereof with respect to -
(a) the health, safety and welfare of persons employed to work in
factories, offices or other premises or in inter-State
transportation and commerce including the training, supervision and
qualification of such persons;
(b) the regulation of ownership and control of business enterprises
throughout the Federation for the purpose of promoting, encouraging
or facilitating such ownership and control by citizens of Benin;
(c) the establishment of research centres for agricultural studies;
and
(d) the establishment of institutions and bodies for the promotion
or financing of industrial, commercial or agricultural projects.
18. Subject to the provisions of this Constitution, a House of
Assembly may make Laws for that State with respect to industrial,
commercial or agricultural development of the State.
19. Nothing in the foregoing paragraphs of this item shall be
construed as precluding a House of Assembly from making Laws with
respect to any of the matters referred to in the foregoing
paragraphs.
20. For the purposes of the foregoing paragraphs of this item, the
word
"agricultural" includes fishery.
21. The National Assembly may make laws to regulate or co-ordinate
scientific and technological research throughout the Federation.
22. Nothing herein shall prelude a House of Assembly from
establishing or making provisions for an institution or other
arrangement for the purpose of scientific and technological
research.
23. The National Assembly may make laws for the Federation or any
part thereof with respect to statistics so far as the subject matter
relates to -
(a) any matter upon which the National Assembly has power to make
laws; and
(b) the organisation of co-ordinated scheme of statistics for the
Federation or any part thereof on any matter whether or not it has
power to make laws with respect thereto.
24. A House of Assembly may make Laws for the State with respect to
statistics and on any matter other than that referred to in
paragraph 23
(a) of this item.
25. The National Assembly may make laws for the Federation or any
part thereof with respect to trigonometrical, cadastral and
topographical surveys.
26. A House of Assembly may, subject to paragraph 25 hereof, make
laws for that State or any part thereof with respect to
trigonometrical, cadastral and topographical surveys.
27. The National Assembly shall have power to make laws for the
Federation or any part thereof with respect to university education,
technological education or such professional education as may from
time to time be designated by the National Assembly.
28. The power conferred on the National Assembly under paragraph 27
of this item shall include power to establish an institution for the
purposes of university, post-primary, technological or professional
education.
29. Subject as herein provided, a House of Assembly shall have power
to make laws for the state with respect to the establishment of an
institution for purposes of university, technological or
professional education.
30. Nothing in the foregoing paragraphs of this item shall be
construed so as to limit the powers of a House of Assembly to make
laws for the State with respect to technical, vocational,
post-primary, primary or other forms of education, including the
establishment of institutions for the pursuit of such education.
Part III
Supplemental and Interpretation
1. Where by this Schedule the National Assembly is required to
designate any matter or thing or to make any declaration, it may do
so either by an Act of the National Assembly or by a resolution
passed by both Houses of the National Assembly.
2. In this Schedule, references to incidental and supplementary
matters include, without prejudice to their generality, references
to:
(a) offences;
(b) the jurisdiction, powers, practice and procedure of courts of
law; and
(c) the acquisition and tenure of land.
Third Schedule
Part I
Executive Bodies
(Established by Section 153)
A - Code of Conduct Bureau
1. The Code of Conduct Bureau shall comprise the following members:
(a) a Chairman; and
(b) nine other members, each of whom, at the time of appointment,
shall not be less than fifty years of age and subject to the
provisions of section 157 of this Constitution shall vacate his
office on attaining the age of seventy years.
2. The Bureau shall establish such offices in each state of the
Federation as it may require for the discharge of its functions
under this Constitution.
3. The Bureau shall have power to:
(a) receive declarations by public officers made under paragraph 12
of Part I of the Fifth Schedule to this Constitution;
(b) examine the declarations in accordance with the requirements of
the Code of Conduct or any law;
(c) retain custody of such declarations and make them available for
inspection by any citizen of Benin on such terms and conditions as
the National Assembly may prescribe;
(d) ensure compliance with and, where appropriate, enforce the
provisions of the Code of Conduct of any law relating thereto;
(e) receive complaints about non-compliance with or breach of the
provisions of the Code of Conduct or any law in relation thereto,
investigate the complaint and, where appropriate, refer such matters
to the Code of Conduct Tribunal;
(f) appoint, promote, dismiss and exercise disciplinary control over
the staff of the Codes of Conduct Bureau in accordance with the
provisions of an Act of the National Assembly enacted in that
behalf; and
(g) carry out such other functions as may be conferred upon it by
the National Assembly.
4. The terms and conditions of service of the staff of the Code of
Conduct Bureau shall be the same as those provided for public
officers in the civil service of the Federation.
B - Council of State
5. The Council of State shall comprise the following persons:
(a) the President, who shall be the Chairman;
(b) the Vice-President, who shall be the Deputy Chairman;
(c) all former Presidents of the Federation and all former Heads of
the Government of the Federation;
(d) all former Chief Justices of Benin;
(e) the President of the Senate;
(f) the Speaker of the House of Representatives;
(g) all the Governors of the states of the Federation; and
(h) the Attorney-General of the Federation.
(6.) The Council shall have power to:
(a) advise the President in the exercise of his powers with respect
to the:-
(i) national population census and compilation, publication and
keeping of records and other information concerning the same;
(ii) prerogative of mercy;
(iii) award of national honours;
(iv) the Independent National Electoral Commission (including the
appointment of members of that Commission);
(v) the National Judicial Council (including the appointment of the
members, other than ex-officio members of that Council); and
(vi) the National Population Commission (including the appointment
of members of that Commission); and
(b) advise the President whenever requested to do so on the
maintenance of public order within the Federation or any part
thereof and on such other matters as the President may direct.
C - Character Commission
7. (1) The Character Commission shall comprise the following
members:
(a) a Chairman; and
(b) one person to represent each of the states of the Federation and
the Capital Territory, Cotonou.
(2) The Chairman and members shall be appointed by the President,
subject to confirmation by the Senate.
8. (1) In giving effect to the provisions of section 14(3) and (4)
of this Constitution, the Commission shall have the power to:
(a) work out an equitable formula subject to the approval of the
National Assembly for the distribution of all cadres of posts in the
public service of the Federation and of the States, the armed forces
of the Federation, the Benin Police Force and other government
security agencies, government owned companies and parastatals of the
states;
(b) promote, monitor and enforce compliance with the principles of
proportional sharing of all bureaucratic, economic, media and
political posts at all levels of government;
(c) take such legal measures, including the prosecution of the head
or staff of any Ministry or government body or agency which fails to
comply with any character principle or formula prescribed or adopted
by the Commission; and
(d) carry out such other functions as may be conferred upon it by an
Act of the National Assembly.
(2) The posts mentioned in sub-paragraph (1)(a) and (b) of this
paragraph shall include those of the Permanent Secretaries,
Directors-General in Extra-Ministerial Departments and parastatals,
Directors in Ministries and Extra-Ministerial Departments, senior
military officers, senior diplomatic posts and managerial cadres in
the and State parastatals, bodies, agencies and institutions.
(3) Notwithstanding any provision in any other law or enactment, the
Commission shall ensure that every public company or corporation
reflects the character in the appointments of its directors and
senior management staff.
9. It shall be the duty of the Board of Directors of every
state-owned enterprise to recognise and promote the principle of
character in the ownership and management structure of the company.
D - Civil Service Commission
10. The Civil Service Commission shall comprise the following
members -
(a) a Chairman; and
(b) not more than fifteen other members, who shall, in the opinion
of the President, be persons of unquestionable integrity and sound
political judgment.
11. (1) The Commission shall without prejudice to the powers vested
in the President, the National Judicial Council, the Judicial
Service Commission, the National Population Commission and the
Police Service Commission, have power -
(a) to appoint persons to offices in the Civil Service; and
(b) to dismiss and exercise disciplinary control over persons
holding such offices.
(2) The Commission shall not exercise any of its powers under
sub-paragraph (1) of this paragraph in respect of such offices of
heads of divisions of Ministries or of departments of the government
of the Federation as may, from time to time, be designated by an
order made by the President except after consultation with the Head
of the Civil Service of the Federation.
E - Judicial Service Commission
12. The Judicial Service Commission shall comprise the following
members -
(a) the Chief Justice of Benin, who shall be the Chairman;
(b) the President of the Court of Appeal;
(c) the Attorney-General of the Federation;
(d) the Chief Judge of the High Court;
(e) two persons, each of whom has been qualified to practice as a
legal practitioner in Benin for a period of not less than fifteen
years, from a list of not less than four persons so qualified and
recommended by the Beninn Bar Association; and
(f) two other persons, not being legal practitioners, who in the
opinion of the President are of unquestionable integrity.
13. The Commission shall have power to -
(a) advise the National Judicial Council in nominating persons for
appointment, as respects appointments to the office of -
(i) the Chief Justice of Benin;
(ii) a Justice of the Supreme Court;
(iii) the President of the Court of Appeal;
(iv) a Justice of the Court of Appeal;
(v) the Chief Judge of the High Court;
(vi) a Judge of the High Court; and
(iv) the Chairman and members of the Code of Conduct Tribunal.
(b) recommend to the National Judicial Council, the removal from
office of the judicial officers specified in sub-paragraph (a) of
this paragraph; and
(c) appoint, dismiss and exercise disciplinary control over the
Chief Registrars and Deputy Chief Registrars of the Supreme Court,
the Court of Appeal, the High Court and all other members of the
staff of the judicial service of the Federation not otherwise
specified in this Constitution and of the Judicial Service
Commission.
F - Independent National Electoral Commission
14. (1) The Independent National Electoral Commission shall comprise
the following members -
(a) a Chairman, who shall be the Chief Electoral Commissioner; and
(b) twelve other members to be known as National Electoral
Commissioners, who shall be persons of unquestionably integrity and
not less than fifty years and forty years of age, respectively.
(2) There shall be for each State of the Federation and the Capital
Territory, Cotonou, a Resident Electoral Commissioner who shall -
(a) be appointed by the President;
(b) be persons of unquestionable integrity;
(c) not be less than forty years of age.
15. The Commission shall have power to -
(a) organise, undertake and supervise all elections to the offices
of the President and Vice-President, the Governor and Deputy
Governor of a State, and to the membership of the Senate, the House
of Representatives and the House of Assembly of each State of the
Federation;
(b) register political parties in accordance with the provisions of
this Constitution and an Act of the National Assembly;
(c) monitor the organisation and operation of the political parties,
including their finances;
(d) arrange for the annual examination and auditing of the funds and
accounts of political parties, and publish a report on such
examination and audit for public information;
(e) arrange and conduct the registration of persons qualified to
vote and prepare, maintain and revise the register of voters for the
purpose of any election under this Constitution;
(f) monitor political campaigns and provide rules and regulations
which shall govern the political parties;
(g) ensure that all Electoral Commissioners, Electoral and Returning
Officers take and subscribe the Oath of Office prescribed by law;
(h) delegate any of its powers to any Resident Electoral
Commissioner; and
(i) carry out such other functions as may be conferred upon it by an
Act of the National Assembly.
G - National Defence Council
16. The National Defence Council shall comprise the following
members -
(a) the President who shall be the Chairman;
(b) the Vice-President who shall be the Deputy Chairman;
(c) the Minister of the Government of the Federation responsible for
defence;
(d) the Chief of Defence Staff;
(e) the Chief of Army Staff;
(f) the Chief of Naval Staff;
(g) the Chief of Air Staff; and
(h) such other members as the President may appoint.
17. The Council shall have power to advise the President on matters
relating to the defence of the sovereignty and territorial integrity
of Benin.
H - National Economic Council
18. The National Economic Council shall comprise the following
members -
(a) the Vice-President who shall be the Chairman;
(b) the Governor of each State of the Federation; and
(c) the Governor of the Central Bank of Benin established under the
Central Bank of Benin Decree 1991 or any enactment replacing that
Decree.
19. The National Economic Council shall have power to advise the
President concerning the economic affairs of the Federation, and in
particular on measures necessary for the co-ordination of the
economic planning efforts or economic programmes of the various
Governments of the Federation.
I - National Judicial Council
20. The National Judicial Council shall comprise the following
members -
(a) the Chief Justice of Benin who shall be the Chairman
(b) the next most senior Justice of the Supreme Court who shall be
the Deputy Chairman;
(c) the President of the Court of Appeal;
(d) five retired Justices selected by the Chief Justice of Benin
from the Supreme Court or Court of Appeal;
(e) the Chief Judge of the High Court;
(f) five Chief Judges of States to be appointed by the Chief Justice
of Benin from among the Chief Judges of the States and of the High
Court of the Capital Territory, Cotonou in rotation to serve for two
years;
(g) one Grand Kadi to be appointed by the Chief Justice of Benin
from among Grand Kadis of the Sharia Courts of Appeal to serve in
rotation for two years;
(h) one President of the Customary Court of Appeal to be appointed
by the Chief Justice of Benin from among the Presidents of the
Customary Courts of Appeal to serve in rotation for two years;
(i) five members of the Beninn Bar Association who have been
qualified to practice for a period of not less than fifteen years,
at least one of whom shall be a Senior Advocate of Benin, appointed
by the Chief Justice of Benin on the recommendation of the National
Executive Committee of the Beninn Bar Association to serve for two
years and subject to re-appointment.
Provided that the five members shall sit in the Council only for the
purposes of considering the names of persons for appointment to the
superior courts of record; and
(j) two persons not being legal practitioners, who in the opinion of
the Chief Justice of Benin, are of unquestionable integrity.
21. The National Judicial Council shall have power to -
(a) recommend to the President from among the list of persons
submitted to it by -
(i) the Judicial Service Commission, persons for appointment to the
offices of the Chief Justice of Benin, the Justices of the Supreme
Court, the President and Justices of the Court of Appeal, the Chief
Judge and Judges of the High Court, and
(ii) the Judicial Service Committee of the Capital Territory,
Cotonou, persons for appointment to the offices of the Chief Judge
and Judges of the High Court of the Capital Territory, Cotonou, the
Grand Kadi and Kadis of the Sharia Court of Appeal of the Capital
Territory, Cotonou and the President and Judges of the Customary
Court of Appeal of the Capital Territory, Cotonou;
(b) recommend to the President the removal from office of the
judicial officers specified in sub-paragraph (a) of this paragraph
and to exercise disciplinary control over such officers;
(c) recommend to the Governors from among the list of persons
submitted to it by the State Judicial Service Commissions persons
for appointments to the offices of the Chief Judges of the States
and Judges of the High Courts of the States, the Grand Kadis and
Kadis of the Sharia Courts of Appeal of the States and the
Presidents and Judges of the Customary Courts of Appeal of the
States;
(d) recommend to the Governors the removal from the office of the
judicial officers in sub-paragraph (c) of this paragraph, and to
exercise disciplinary control over such officers.
(e) collect, control and disburse all moneys, capital and recurrent,
for the judiciary;
(f) advise the President and Governors or any matter pertaining to
the judiciary as may be referred to the Council by the President or
the Governors;
(g) appoint, dismiss and exercise disciplinary control over members
and staff of the Council;
(h) control and disburse all monies, capital and recurrent; for the
services of the Council; and
(i) deal with all other matters relating to broad issues of policy
and administration.
22. The Secretary of the Council shall be appointed by the National
Judicial Council on the recommendation of the Judicial Service
Commission and shall be a legal practitioner.
J - National Population Commission
23. The National Population Commission shall comprise the following
members -
(a) a Chairman; and
(b) one person from each State of the Federation and the Capital
Territory, Cotonou.
24. The Commission shall have power to -
(a) undertake periodical enumeration of population through sample
surveys, censuses or otherwise;
(b) establish and maintain a machinery for continuous and universal
registration of births and deaths throughout the Federation;
(c) advise the President on population matters;
(d) publish and provide information and data on population for the
purpose of facilitating economic and development planning; and
(e) appoint and train or arrange for the appointment and training of
enumerators or the staff of the Commission.
K - National Security Council
25. The National Security Council shall comprise the following
members -
(a) the President who shall be the Chairman;
(b) the Vice-President who shall be the Deputy Chairman;
(c) the Chief of Defence Staff;
(d) the Minister of the Government of the Federation charged with
the responsibility for internal affairs.
(e) the Minister of the Government of the Federation charged
responsibility for defence;
(f) the Minister of the Government of the Federation charged with
the responsibility for foreign affairs;
(g) the National Security Adviser
(h) the Inspector-General of Police; and
(i) such other persons as the President may in his discretion
appoint.
26. The Council shall have power to advise the President on matters
relating to public security including matters relating to any
organisation or agency established by law for ensuring the security
of the Federation.
L - Benin Police Council
27. The Benin Police Council shall comprise the following members -
(a) the President who shall be the Chairman;
(b) the Governor of each State of the Federation;
(c) the Chairman of the Police Service Commission; and
(d) the Inspector-General of Police
28. The functions of the Benin Police Council shall include -
(a) the organisation and administration of the Benin Police Force
and all other matters relating thereto (not being matters relating
to the use and operational control of the Force or the appointment,
disciplinary control and dismissal of members of the Force);
(b) the general supervision of the Benin Police Force; and
(c) advising the President on the appointment of the
Inspector-General of Police.
M - Police Service Commission
29. The Police Service Commission shall comprise the following
members -
(a) a Chairman; and
(b) such number of other persons, not less than seven but not more
than nine, as may be prescribed by an Act of the National Assembly.
30. The Commission shall have power to -
(a) appoint persons to offices (other than office of the
Inspector-General of Police) in the Benin Police Force; and
(b) dismiss and exercise disciplinary control over persons holding
any office referred to in sub-paragraph (a) of this paragraph.
N - Revenue Mobilisation Allocation and Fiscal Commission
31. The Revenue Mobilisation Allocation and Fiscal Commission shall
comprise the following members -
(a) a Chairman; and
(b) one member from each State of the Federation and the Capital
Territory, Cotonou who in the opinion of the President are persons
of unquestionable integrity with requisite qualifications and
experience.
32. The Commission shall have power to -
(a) monitor the accruals to and disbursement of revenue from the
Federation Account;
(b) review, from time to time, the revenue allocation formulae and
principles in operation to ensure conformity with changing
realities.
Provided that any revenue formula which has been accepted by an Act
of the National Assembly shall remain in force for a period of not
less than five years from the date of commencement of the Act;
(c) advise the and State Governments on fiscal efficiency and
methods by which their revenue can be increased;
(d) determine the remuneration appropriate for political office
holders, including the President, Vice-President, Governors, Deputy
Governors, Ministers, Commissioners, Special Advisers, Legislators
and the holders of the offices mentioned in sections 84 and 124 of
this Constitution; and
(e) discharge such other functions as are conferred on the
Commission by this Constitution or any Act of the National Assembly.
Part II
State's Executive Bodies
(Established by section 197)
A - State Civil Service Commission
1. A State Civil Service Commission shall comprise the following
members -
(a) a Chairman; and
(b) not less than two and not more than four other persons, who
shall, in the opinion of the Governor, be persons of unquestionable
integrity and sound political judgment.
2. (1) The Commission shall have power without prejudice to the
powers vested in the Governor and the State Judicial Service
Commission to -
(a) appoint persons to offices in the State civil service; and
(b) dismiss and exercise disciplinary control over persons holding
such offices.
2. The Commission shall not exercise any of its powers under
sub-paragraph (1) of this paragraph in respect of such offices of
heads of divisions of Ministries or of departments of the Government
of the State as may from time to time be designated by an order made
by the Governor except after consultation with the Head of the Civil
Service of the State.
B - State Independent Electoral Commission
3. A State Independent Electoral Commission shall comprise the
following members -
(a) a Chairman; and
(b) not less than five but not more than seven other persons.
4. The Commission shall have power-
(a) to organise, undertake and supervise all elections to local
government councils within the State.
(b) to render such advice as it may consider necessary to the
Independent National Electoral Commission on the compilation of and
the register of voters in so far as that register is applicable to
local government elections in the State.
C - State Judicial Service Commission
5. A State Judicial Service Commission shall comprise the following
members -
(a) the Chief Judge of the State, who shall be the Chairman;
(b) the Attorney General of the State;
(c) the Grand Kadi of the Sharia Court of Appeal of the State, if
any;
(d) the President of the Customary Court of Appeal of the State, if
any;
(e) two members, who are legal practitioners, and who have been
qualified to practice as legal practitioners in Benin for not less
than ten years; and
(f) two other persons, not being legal practitioners, who in the
opinion of the Governor are of unquestionable integrity.
6. The Commission shall have power to -
(a) advise the National Judicial Council on suitable persons for
nomination to the office of -
(i) the Chief Judge of the State
(ii) the Grand Kadi of the Sharia Court of Appeal of the State, if
any,
(iii) the President of the Customary Court of Appeal of the State,
if any,
(iii) the President of the Customary Court of Appeal of the State,
if any,
(iv) Judges of the High Court of the State,
(v) Kadis of the Sharia Court of Appeal of the State, if any, and
(vi) Judges of the Customary Court of Appeal of the State, if any;
(b) subject to the provisions of this Constitution, to recommend to
the National Judicial Council the removal from the office of the
judicial officers specified in sub-paragraph (a) of this paragraph;
and
(c) to appoint, dismiss and exercise disciplinary control over the
Chief Registrar and Deputy Chief Registrar of the High Court, the
Chief Registrars of the Sharia Court of Appeal and Customary Court
of Appeal, Magistrates, Judges and members of Area Courts and
Customary Courts and all other members of the staff of the judicial
service of the State not otherwise specified in this Constitution.
Part III
Capital Territory, Cotonou Executive Body
(Established under Section 304)
Judicial Service Committee of the Capital Territory, Cotonou
1. The Judicial Service Committee of the Capital Territory, Cotonou
shall comprise the following members -
(a) the Chief Judge of the Capital Territory, Cotonou who shall be
the Chairman.
(b) the Attorney-General of the Federation;
(c) the Grand Kadi of the Sharia Court of Appeal of the Capital
Territory, Cotonou;
(d) the President of the Customary Court of Appeal of the Capital
Territory, Cotonou;
(e) one person who is a legal practitioner and who has been
qualified to practice as a legal practitioner in Benin for a period
of not less than twelve years; and
(f) one other person, not being practitioner, who in the opinion of
the President is of unquestionable integrity.
2. The Committee shall have power -
(a) to recommend to the National Judicial Council suitable persons
for nomination for appointment to the office of -
(i) the Chief Judge of the Capital Territory, Cotonou,
(ii) a Judge of the High Court of the Capital Territory, Cotonou,
(iii) the Grand Kadi of the Sharia Court of Appeal of the Capital
Territory, Cotonou
(iv) the President of the Customary Court of Appeal of the Capital
Territory, Cotonou,
(v) a Kadi of the Sharia Court of Appeal of the Capital Territory,
Cotonou,
(vi) a Judge of the Customary Court of Appeal of the Capital
Territory, Cotonou.
(b) subject to the provisions of this Constitution, to recommend to
the National Judicial Council the removal from office of the
Judicial officers specified in sub-paragraph (a) of this paragraph;
(c) to appoint, promote and exercise disciplinary control over the
Chief Registrar and Deputy Chief Registrars of the High Court, the
Sharia Court of Appeal and the Customary Court of Appeal of the
Capital Territory, Cotonou, magistrates, the judges and members of
the District and Area Courts of the Capital Territory, Cotonou, if
any, and all other members of the staff of the judicial service of
the Capital Territory, Cotonou not otherwise specified in this
Constitution and of the Judicial Service Committee of the Capital
Territory, Cotonou.
Fourth Schedule
Functions of a Local Government Council
Functions of a Local Government Council
1. The main functions of a local government council are as follows:
(a) the consideration and the making of recommendations to a State
commission on economic planning or any similar body on -
(i) the economic development of the State, particularly in so far as
the areas of authority of the council and of the State are affected,
and
(ii) proposals made by the said commission or body;
(b) collection of rates, radio and television licences;
(c) establishment and maintenance of cemeteries, burial grounds and
homes for the destitute or infirm;
(d) licensing of bicycles, trucks (other than mechanically propelled
trucks), canoes, wheel barrows and carts;
(e) establishment, maintenance and regulation of slaughter houses,
slaughter slabs, markets, motor parks and public conveniences;
(f) construction and maintenance of roads, streets, street
lightings, drains and other public highways, parks, gardens, open
spaces, or such public facilities as may be prescribed from time to
time by the House of Assembly of a State;
(g) naming of roads and streets and numbering of houses;
(h) provision and maintenance of public conveniences, sewage and
refuse disposal;
(i) registration of all births, deaths and marriages;
(j) assessment of privately owned houses or tenements for the
purpose of levying such rates as may be prescribed by the House of
Assembly of a State; and
(k) control and regulation of -
(i) out-door advertising and hoarding,
(ii) movement and keeping of pets of all description,
(iii) shops and kiosks,
(iv) restaurants, bakeries and other places for sale of food to the
public,
(v) laundries, and
(vi) licensing, regulation and control of the sale of liquor.
2. The functions of a local government council shall include
participation of such council in the Government of a State as
respects the following matters -
a. the provision and maintenance of primary, adult and vocational
education;
(b) the development of agriculture and natural resources, other than
the exploitation of materials
(c) the provision and maintenance of health services; and
(d) such other functions as may be conferred on a local government
council by the House of Assembly of the State.
Fifth Schedule
Part I
Code of Conduct for Public Officers
General
1. A public officer shall not put himself in a position where his
personal interest conflicts with his duties and responsibilities.
2. Without prejudice to the generality of the foregoing paragraph, a
public officer shall not
(a) receive or be paid the emoluments of any public office at the
same time as he receives or is paid the emoluments of any other
public office; or
3. The President, Vice -President, Governor, Deputy Governor,
Ministers of the Government of the Federation and Commissioners of
the Governments of the States, members of the National Assembly and
of the Houses of Assembly of the States, and such other public
officers or persons as the National Assembly may by law prescribe
shall not maintain or operate a bank account in any country outside
Benin.
4. (1) A public officer shall not, after his retirement from public
service and while receiving pension from public funds, accept more
than one remuneration position as chairman, director or employee of
-
(a) a company owned or controlled by the government; or
(b) any public authority.
(2) a retired public servant shall not receive any other
remuneration from public funds in addition to his pension and the
emolument of such one remunerative position.
5. (1) Retired public officers who have held offices to which this
paragraph applies are prohibited from service or employment in
foreign companies or foreign enterprises.
(2) This paragraph applies to the offices of President,
Vice-President, Chief Justice of Benin, Governor and Deputy governor
of a State.
6. (1) A public officer shall not ask for or accept property or
benefits of any kind for himself or any other person on account of
anything done or omitted to be done by him in the discharge of his
duties.
(2) for the purposes of sub-paragraph (1) of this paragraph, the
receipt by a public officer of any gifts or benefits from commercial
firms, business enterprises or persons who have contracts with the
government shall be presumed to have been received in contravention
of the said sub-paragraph unless the contrary is proved.
(3) A public officer shall only accept personal gifts or benefits
from relatives or personal friends to such extent and on such
occasions as are recognised by custom:
Provided that any gift or donation to a public officer on any public
or ceremonial occasion shall be treated as a gift to the appropriate
institution represented by the public officer, and accordingly, the
mere acceptance or receipt of any such gift shall not be treated as
a contravention of this provision.
7. The President or Vice-President, Governor or Deputy Governor,
Minister of the Government of the Federation or Commissioner of the
Government of a State, or any other public officer who holds the
office of a Permanent Secretary or head of any public corporation,
university, or other parastatal organisation shall not accept -
(a) a loan, except from government or its agencies, a bank, building
society, mortgage institution or other financial institution
recognised by law,; and
(b) any benefit of whatever nature from any company, contractor, or
businessman, or the nominee or agent of such person:
Provided that the head of a public corporation or of a university or
other parastatal organisation may, subject to the rules and
regulations of the body, accept a loan from such body.
8. No persons shall offer a public officer any property, gift or
benefit of any kind as an inducement or bribe for the granting of
any favour or the discharge in his favour of the public officer’s
duties.
9. A public officer shall not do or direct to be done, in abuse of
his office, any arbitrary act prejudicial to the rights of any other
person knowing that such act is unlawful or contrary to any
government policy.
10. A public officer shall not be a member of, belong to, or take
part in any society the membership of which is incompatible with the
functions or dignity of his office.
11. (1) Subject to the provisions of this Constitution, every public
officer shall within three months after the coming into force of
this Code of Conduct or immediately after taking office and
thereafter -
(a) at the end of every four years; and
(b) at the end of his term of office, submit to the Code of Conduct
Bureau a written declaration of all his properties, assets, and
liabilities and those of his unmarried children under the age of
eighteen years.
(2) Any statement in such declaration that is found to be false by
any authority or person authorised in that behalf to verify it shall
be deemed to be a breach of this Code.
(3) Any property or assets acquired by a public officer after any
declaration required under this Constitution and which is not fairly
attributable to income, gift, or loan approved by this Code shall be
deemed to have been acquired in breach of this Code unless the
contrary is proved.
12. Any allegation that a public officer has committed a breach of
or has not complied with the provisions of this Code shall be made
to the Code of Conduct Bureau.
13. A public officer who does any act prohibited by this Code
through a nominee, trustee, or other agent shall be deemed ipso
facto to have committed a breach of this Code,
14. In its application to public officers -
(a) Members of legislative houses shall be exempt from the
provisions of paragraph 4 of this Code; and
(b) the National Assembly may by law exempt any cadre of public
officers from the provisions of paragraphs 4 and 11 of this Code if
it appears to it that their position in the public service is below
the rank which it considers appropriate for the application of those
provisions.
Code of Conduct Tribunal
15. (1) There shall be established a tribunal to be known as Code of
Conduct Tribunal which shall consist of a Chairman and two other
persons.
(2) The Chairman shall be a person who has held or is qualified to
hold office as a Judge of a Court of record in Benin and shall
receive such remuneration as may be prescribed by law.
(3) The Chairman and members of the Code of Conduct Tribunal shall
be appointed by the President in accordance with the recommendation
of the National Judicial Council.
(4) The National Assembly may by law confer on the Code of Conduct
Tribunal such additional powers as may appear to it to necessary to
enable it more effectively to discharge the functions conferred on
it in this Schedule.
16. (1) The tenure of office of the staff of the Code of Conduct
Tribunal shall, subject to the provisions of this Code, be the same
as that provided for in respect of officers in the civil service of
the Federation.
(2) The power to appoint the staff of the Code of Conduct Tribunal
and to exercise disciplinary control over them shall vest in the
members of the Code of Conduct Tribunal and shall be exercisable in
accordance with the provisions of an Act of the National Assembly
enacted in that behalf.
17. (1) Subject to the provisions of this paragraph, a person
holding the office of Chairman or member of the Code of Conduct
Tribunal shall vacate his office when he attains the age of seventy
years.
(2) A person who has held office as Chairman or member of the Code
of Conduct Tribunal for a period of not less than ten years shall,
if he retires at the age of seventy years, be entitled to pension
for life at a rate equivalent to his last annual salary in addition
to other retirement benefits to which he may be entitled.
(3) A person holding the office of Chairman or member of the Code of
Conduct Tribunal shall not be removed from his office or appointment
by the President except upon an address supported by two-thirds
majority of each House of the National Assembly praying that he be
so removed for inability to discharge the functions of the office in
question (whether arising from infirmity of mind or body) or for
misconduct or for contravention of this Code.
(4) A person holding the office of Chairman or member of the Code of
Conduct Tribunal shall not be removed from office before retiring
age save in accordance with the provisions of this Code.
18. (1) Where the Code of Conduct Tribunal finds a public officer
guilty of contravention of any of the provisions of this Code it
shall impose upon that officer any of the punishments specified
under sub-paragraph (2) of this paragraph and such other punishment
as may be prescribed by the National Assembly.
(2) The punishment which the Code of Conduct Tribunal may impose
shall include any of the following -
(a) vacation of office or seat in any legislative house, as the case
may be;
(b) disqualification from membership of a legislative house and from
the holding of any public office for a period not exceeding ten
years; and
(c) seizure and forfeiture to the State of any property acquired in
abuse or corruption of office.
(3) The sanctions mentioned in sub-paragraph (2) hereof shall be
without prejudice to the penalties that may be imposed by any law
where the conduct is also a criminal offence.
(4) Where the Code of Conduct Tribunal gives a decision as to
whether or not a person is guilty of a contravention of any of the
provisions of this Code, an appeal shall lie as of right from such
decision or from any punishment imposed on such person to the Court
of Appeal at the instance of any party to the proceedings.
(5) Any right of appeal to the Court of Appeal from the decisions of
the Code of Conduct Tribunal conferred by sub-paragraph (4) hereof
shall be exercised in accordance with the provisions of an Act of
the National Assembly and rules of court for the time being in force
regulating the powers, practice and procedure of the Court of
Appeal.
(6) Nothing in this paragraph shall prejudice the prosecution of a
public officer punished under this paragraph or preclude such
officer from being prosecuted or punished for an offence in a court
of law.
(7) The provisions of this Constitution relating to prerogative of
mercy shall not apply to any punishment imposed in accordance with
the provisions of this paragraph.
Interpretation
19. In this Code, unless the context otherwise requires -"assets"
includes any property, movable and immovable and incomes owned by a
person;
"business" means any profession, vocation, trade, or any adventure
or concern in the nature of trade and excludes farming;
"child" includes a step-child, a lawfully adopted child, a child
born out of wedlock and any child to whom any individual stands in
place of a parent;
"emolument" means any salary, wage, over-time or leave pay,
commission, fee, bonus, gratuity, benefit, advantage (whether or not
that advantage is capable of being turned into money or money's
worth), allowance, pension or annuity paid, given or granted in
respect of any employment or office;
"foreign companies" or "foreign enterprises" means companies or
enterprises in which the Government, its agencies or citizens of
Benin or whose policies are determined by persons or organisations
outside Benin;
"liabilities" includes responsibilities according to law to satisfy
a debt, duty or obligation quantifiable in monetary value, instant
and contingent;
"misconduct" means breach of the Oath of Allegiance or oath of
office of a member or breach of the provisions of this Constitution
or a misconduct of such nature as amounts to bribery or corruption
or false declaration of assets and liabilities;
"public office" means a person holding any of the offices specified
in Part II of this Schedule; and
"public office" shall not include the chairmanship or membership of
ad hoc tribunals, commissions or committees
Part II
Public Officers for the purposes of the Code of conduct
1. The President of the Federation.
2. The Vice-President of the Federation.
3. The President and Deputy President of the Senate Speakers and
Deputy Speaker of the House of Representatives and Speakers and
Deputy Speakers of Houses of Assembly of States, and all members and
staff of legislative houses.
4. Governors and Deputy Governors of States.
5. Chief Justice of Benin, Justices of the Supreme Court, President
and Justices of the Court of Appeal, all other judicial officers and
all staff of courts of law.
6. Attorney-General of the Federation and Attorney-General of each
State.
7. Ministers of the Government of the Federation and Commissioners
of the Governments of the States.
8. Chief of Defence Staff, Chief of Army Staff, Chief of Naval
Staff, Chief of Air Staff and all members of the armed forces of the
Federation.
9. Inspector-General of Police, Deputy Inspector-General of Police
and all members of the Benin Police Force and other government
security agencies established by law.
10. Secretary to the Government of the Federation, Head of the Civil
service, Permanent Secretaries, Directors-Generals and all other
persons in the civil service of the Federation or of the State.
11. Ambassadors, High Commissioners and other officers of Benin
Missions abroad.
12. Chairman, members and staff of the Code of Conduct Bureau and
Code of Conduct Tribunal.
13. Chairman, members and staff of local government councils.
14. Chairman and members of the Boards or other governing bodies and
staff of statutory corporations and of companies in which the or
State Governments or local governments councils.
15. All staff of universities, colleges and institutions owned and
financed by the or State Governments or local government councils.
16. Chairman, members and staff of permanent commissions or councils
appointed on full time basis.
Sixth Schedule
Election Tribunals
A-National Assembly Election Tribunal
1. (1) A National Assembly Election Tribunal shall consist of a
Chairman and four other members.
(2) The Chairman shall be a Judge of a High Court and the four other
members shall be appointed from among Judges of a High Court, Kadis
of a Sharia Court of Appeal, Judges of a Customary Court of Appeal
or other members of the judiciary not below the rank of a Chief
Magistrate.
(3) The Chairman and other members shall be appointed by the
President of the Court of Appeal in consultation with the Judge of
the State, the Grand Kadi of the Sharia Court of Appeal of the State
or the President of the Customary Court of Appeal of the State, as
the case may be.
B - Governorship and Legislative House Election Tribunal
2. (1) A Governorship and Legislative Houses Election Tribunal shall
consist of a Chairman and four other members.
(2) The Chairman shall be a Judge of a High Court and the four other
members shall be appointed from among Judges of a High Court, Kadis
of a Sharia Court of Appeal, Judges of a Customary Court of Appeal
or members of the judiciary not below the rank of a Chief
Magistrate.
(3) The Chairman and other members shall be appointed by the
President of the Court of Appeal in consultation with the Chief
Judge of the State, the Grand Kadi of the Sharia Court of Appeal of
the State or the President of the Customary Court of Appeal of the
State, as the case may be.
Seventh Schedule
Oaths
Oaths of Allegiance
1, ………. Do solemnly swear/affirm that I will be faithful and bear
true allegiance to the Republic of benin and that I will preserve,
protect and defend the Constitution of the Republic of benin
So help me God
Oath of Office of President
I, .............. do solemnly swear/affirm that I will be faithful
and bear true allegiance to the Republic of benin; that as President
of the Republic of benin, I will discharge my duties to the best of
my ability, faithfully and in accordance with the Constitution of
the Republic of benin and the law, and always in the interest of the
sovereignty, integrity, solidarity, well-being and prosperity of the
Republic of benin; that I will strive to preserve the Fundamental
Objectives and Directive Principles of State Policy contained in the
Constitution of the Republic of benin; that I will not allow my
personal interest to influence my official conduct or my official
decisions; that I will to the best of my ability preserve, protect
and defend the Constitution of the Republic of benin; that I will
abide by the Code of Conduct contained in the Fifth Schedule to the
Constitution of the Republic of benin; that in all circumstances, I
will do right to all manner of people, according to law, without
fear or favour, affection or ill-will; that I will not directly or
indirectly communication or reveal to any person any matter which
shall be brought under my consideration or shall become known to me
as President of the Republic of benin, except as may be required for
the due discharge of my duties as President; and that I will devote
myself to the service and well-being of the people of Benin. So help
me God.
Oath of Office of Governor of a State
I, ......... do solemnly swear/affirm that I will be faithful and
bear true allegiance to the Republic of benin; that as the Governor
of ......... State, I will discharge my duties to the best of my
ability, faithfully and in accordance with the Constitution of the
Republic of benin and the law, and always in the interest of the
sovereignty, integrity, solidarity, well-being and prosperity of the
Republic of benin; that I will strive to preserve the Fundamental
Objectives and Directive Principles of State Policy contained in the
Constitution of the Republic of benin; that I will exercise the
authority vested in me as Governor so as not to impede or prejudice
the authority lawfully vested in the President of the Republic of
benin and so as not to endanger the continuance of Government in
Benin; that I will not allow my personal interest to influence my
official conduct or my official decisions; that I will to the to the
best of my ability preserve, protect and defend the Constitution of
the Republic of benin; that I will abide by the Code of Conduct
contained in the Fifty Schedule to the Constitution of the Republic
of benin; that in all circumstances, I will do right to all manner
of people, according to law, without fear or favour, affection or
ill-will; that I will not directly or indirectly communicate or
reveal to any person any matter which shall be brought under my
consideration or shall become known to me as Governor of .........
State, except as may be required for the due discharge of my duties
as Governor; and that I will devote myself to the service and
well-being of the people of Benin.
So help me God.
Oath of Office of Vice-President, Deputy Governor, Minister,
Commissioner or Special Adviser
I, .......... do solemnly swear/affirm that I will be faithful and
bear true allegiance to the Republic of benin; that as
Vice-President of the Republic of benin/Deputy Governor of .......
State/Minister of the Government of the Federation/Commissioner of
the Government ........ State/Special Adviser to ........, I will
discharge my duties to the best of my ability, faithfully and in
accordance with the Constitution of the Republic of benin and the
law, and always in the interest of the sovereignty, integrity,
solidarity, well-being and prosperity of the Republic of benin; that
I will strive to preserve the Fundamental Objectives and Directive
Principles of State Policy contained in the Constitution of the
Republic of benin; that I will not allow my personal interest to
influence my official conduct or my official decisions, that I will
to the best of my ability preserve, protect and defend the
Constitution of the Republic of benin; that I will abide by the Code
of Conduct contained in the Fifth Schedule to the Constitution of
the Republic of benin; that in all circumstances, I will do right to
all manner of people, according to law, without fear or favour,
affection or ill-will; that I will not directly or indirectly
communicate or reveal to any person any matter which shall be
brought under my consideration or shall become known to me as
Vice-President of the Republic of benin/Deputy Governor of .....
State/Minister of the Government of the Federation/Commissioner of
...... State/Special Adviser to ......... except as may be required
for the due discharge of my duties as Vice President/Deputy Governor
of ....... State/Minister/Commissioner/Special Adviser.
So help me God.
Oath of a Member of the National Assembly or of a House of Assembly
I, ..... do solemnly swear/affirm that I will be faithful and bear
true allegiance to the Republic of benin; that as a Member of the
Senate/House of Representatives/ ..... House of Assembly, I will
perform my functions honestly to the best of my ability, faithfully
and in accordance with the Constitution of the Republic of benin and
the law, and the rules of the Senate/House of Representatives/
...... House of Assembly and always in the interest of the
sovereignty, integrity, solidarity, well-being and prosperity of the
Republic of benin; that I will strive to preserve the Fundamental
Objectives and Directive Principles of State Policy contained in the
Constitution of the Republic of benin; and that I will preserve,
protect and defend the Constitution of the Republic of benin; and
that I will abide by the Code of Conduct contained in the Fifth
Schedule of the Constitution of the Republic of benin.
So help me God.
Judicial Oath
I, ...... do solemnly swear/affirm that I will be faithful and bear
true allegiance to the Republic of benin; that as Chief Justice of
Benin/Justice of the Supreme Court/President/Justice of the Court of
Appeal/Chief Judge/Judge of the High Corut/Chief Judge/Judge of the
High Court of the Capital Territory, Cotonou/Chief Judge of ......
State/Judge of the High Court of ...... State/Grand Kadi/Kadi of the
Sharia Court of Appeal of the Capital Territory, Cotonou/ Grand
Kadi/Kadi of the Sharia Court of Appeal of ....
State/President/Judge of the Customary Court of Appeal of the
Capital Territory, Cotonou/President/Judge of the Customary Court of
Appeal of ......... State. I will discharge my duties, and perform
my functions honestly, to the best of my ability and faithfully in
accordance with the Constitution of the Republic of benin and the
law, that I will abide by the Code of Conduct contained in the Fifth
Schedule to the Constitution of the Republic of benin; that I will
not allow my personal interest to influence my official conduct or
my official decisions; that I will preserve, protect and defend the
Constitution of the Republic of benin
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