CONSTITUTION FIFTH ALTERCATION ACT

What Is This Policy?

The Constitution (Fifth Alteration) Acts 2023 represent a series of amendments to Nigeria's 1999 Constitution, covering a range of governance reforms from local government financial autonomy and state police to the devolution of electricity regulation and judicial reforms. They are the most comprehensive constitutional amendments since the Fourth Alteration in 2017.

Who Does It Target?

All tiers of government: federal, state, and local governments whose powers, responsibilities, or revenues are affected by the alterations Nigerian citizens whose rights and entitlements are modified by specific alteration acts The judiciary, electoral bodies, and security agencies whose legal mandates are updated by the amendments Electricity sector investors and state governments affected by the devolution of electricity regulation

What Does It Aim to Achieve?

Devolve electricity generation and distribution regulation to states, enabling State Electricity Markets under the Electricity Act 2023 Grant financial autonomy to local governments by mandating direct allocation from the Federation Account without state government interference Create the legal basis for state-level police forces to address Nigeria's escalating security challenges Reform the judicial appointment process, tenure, and discipline to improve independence and efficiency

Key Features

Electricity Devolution (Alt. No. 37): Transfers electricity to the Concurrent Legislative List, enabling states to independently generate, transmit, and distribute electricity without federal approval LG Financial Autonomy: Mandates direct disbursement of local government allocations from the Federation Account, bypassing state government joint accounts State Police Framework: Provides the constitutional basis for states to establish their own police forces alongside the Federal Police, subject to constitutional safeguards Electoral Reforms: Several alterations address electoral management, political party financing, and provisions to reduce pre-election litigation disruption Judicial Reforms: Amendments affecting the appointment, removal, and financial independence of judicial officers at federal and state levels Gender Equity Provisions: Specific alterations include provisions aimed at increasing women's representation in government and public bodies

Current Status

Rollout Stage: Active; signed July 2023; implementation ongoing across federal, state, and LGA levels Implementing Body: All tiers of government through their respective constitutional institutions; supervised by the Attorney-General of the Federation LG Autonomy: Supreme Court ruling in 2024 reinforced LG financial autonomy; FAAC now remits directly to LGAs Electricity Devolution: 16 states have commenced the process of establishing State Electricity Regulatory Bodies under the devolved framework

How to Access

Governments and Institutions: Download all 37 Fifth Alteration Acts from the National Assembly website: nassnig.org Legal Practitioners: Access fully consolidated versions of the amended Constitution through the Attorney-General's office: agf.gov.ng Contact: National Assembly: nassnig.org | AGF: agf.gov.ng

Official Resources

Website: nassnig.org | agf.gov.ng Contact: National Assembly, Three Arms Zone, Abuja Policy Summary | Source: National Assembly Nigeria, AGF Federal, Channels TV, ThisDay 2023, INEC Constitutional Review | February 2026

Legal Framework

The Constitution (Fifth Alteration) Acts 2023 amend the 1999 Constitution through the procedure prescribed in Section 9 — two-thirds majority in both chambers of the National Assembly and ratification by at least 24 State Houses of Assembly. Key amendments relate to local government financial autonomy, state police, electricity sector regulation, and judicial administration. The Acts are supreme laws by virtue of Section 1 of the 1999 Constitution.