Wednesday, March 10, 2010 17:09

What the 1999 constitution says about presidential succession

Section 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 Nigeria:- (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.

Section 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.

Section 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.

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Reader Comments (23)

Posted by Johnson Cole, Abuja on Nov 27 2009

Therefore, Ya'radua should go home, the constitution says so. The rumours of sickness or death is embarrassing to decent Nigerians and other world leaders. What keeps him in office if he is for us. Now that he can not serve, let him go away to enjoy his looted billions. PDP will look for another person on batteries to rule and further ruin Nigeria.

Posted by ko on Nov 27 2009

...Worst article I have ever read. It is as if a page was just ripped from the constitution. This is supposed to be a news article - but there is no news...

Posted by Labalaba on Nov 27 2009

@ko: Did you even know the section in the Constitution? This information is to clarify some nagging issues in the polity. You can re-write a better version for us, if you think its an easy task to write. Empty barrels make the loudest noise. Well done NEXT.

Posted by David Chunu, London. on Nov 27 2009

The Bible says love your neighbour as yourself.let all Nigerians at this point in time show some love to our president and together pray for his health. May Almighty GOD heal our president,s heart in Jesus name...Amen.

Posted by lade on Nov 27 2009

Is just annoying that in the mist of all these, some sycophants are busy talking about a second tenor in 2011 for Yardaua. He should know by now those who wish him well and those who really wish him dead. Dear Mr. President, May God heal you and give you the courage to retire/resign to take of yourself. you've paid your dues no doubt.

Posted by Emmanuel Ojo on Nov 27 2009

While I wish and pray for Mr President for GOD healing and early recovery, I wish to say that Mr President should be honest with Nigerians. If his health will not allow him to perfome optimally then he should resign and let somebody who is capable to take over.Ruling a nation like Nigeria requires a lot of energy.

Posted by TMM on Nov 27 2009

And so says the constitution. All rise

Posted by Chizy Ekwerike on Nov 28 2009

I guess the aim of this article is to re-iterate the fact, in no uncertain terms,that in d absence of the President of the Federation, the Vice-president takes over presidential duties n responsibilities....this is clear n should be clear esp to some Nigerians who will soon come with d notion of Power-sharing(dat power remains in the North whether or not the Vice-president is a Niger-Deltan or nt...)

Posted by Omo Alhaja on Nov 28 2009

ko: it's not an article. It's a simple repeat of what the 1999 Constitution says about succession to the Presidency. Such excerpts are found in every good paper, to accompany stories that involve technical detail. Maybe you didn't understand the caption of the piece.

Posted by teddy onaghise on Nov 28 2009

Get well soon mr president.and for any group of individuals thinking of having any other president otrher than jonathan if the need arises you have a suprise coming your way

Posted by Deola on Nov 28 2009

This how professional newspaper behave. NEXT is definitely raising the bar. A lot of newspaper will not explain anything.

Posted by ozion ozumba on Nov 28 2009

Thanks NEXT for this important clarification. You've saved us some minutes of wild geese chase with the publicaation of this Constitutional provision. Authoritative speculators can now rest

Posted by soky on Nov 29 2009

In the event of the death of the president, the VP should take over and complete the tenure of Mr President and should not contest for a second term to enable the Northerners complete their term in the interest of Peace. My candid advice is that Mr President should be declared unfit to avoid this National Embarrassment. It is becoming unbearable.

Posted by Yunusa Bawa Rijau on Dec 02 2009

If this is what the constitution says, then there is total absence of the rule of law Nigeria and both the federal executive council and the legislatures are not there to move our great country Nigeria forward rather they are there to move their own pocket forward.

Posted by Rabiu on Dec 08 2009

Yar'adua remains our president for now and i know all learned nigerians understand that. However, should S.144 be invoked at any point in time, the constitution names his successor in the person of the vice president. To think ouherwise would not only be unreasonable, but also, unconstitutional and reckless.

Posted by Ana ebu ana ebu Okoye on Dec 20 2009

Health is wealth. A healthy country, is wealthy country. A sick person's most important desire is to get healthy. A healthy person's desire is the vigorous pursuit of the fulfilments of life. Leadership and governance is the most challenging of all pursuits in human endeavour. To face a sick and dying Yar Adua with this responsibilty will hunt the elite political class of Nigeria for the rest of their life and history will not forgive this cruelty.

Posted by Nwudele uchenneya (Vman) on Jan 28 2010

Should God show mercy and allow Yar Adua come back to Naija alive, he MUST remember to improve the health sector of nigeria shd such case arise for an average or indegent Nigerian.

Posted by Nwudele uchenneya (Vman) on Jan 28 2010

Should God show mercy and allow Yar Adua come back to Naija alive, he MUST remember to improve the health sector of nigeria shd such case arise for an average or indegent Nigerian.

Posted by VICTOR IRUBA on Feb 04 2010

Well since health is wealth and a health person is a wealth person. Since our president is sick let the vice president rule for sometime. Before the president will recovery from sick bed, because we have no option than to elect the vice president. Let peace rain in this conutry nigeria to avoid misunderstanding of various part. God bless you all

Posted by VICTOR IRUBA on Feb 04 2010

Posted by BAR. ADEWALE on Feb 23 2010

I'm not objecting the idea of the RESOLUTION of power though it is unconstitutional but as a reason of off in the present of the president the seat must be bridge.

Posted by Hardhebhoyhe on Feb 25 2010

We thank God that mr president is back, but d question here is dat is he fit 2 put in back his post coz i don't seem to understand his condition now.

Posted by Hardhebhoyhe on Feb 25 2010

We thank God that mr president is back, but d question here is dat is he fit 2 put in back his post coz i don't seem to understand his condition now.