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Sections 144; 145 And 146 Of The 1999 Constitution: How Relevant? - Politics - Nairaland

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Sections 144; 145 And 146 Of The 1999 Constitution: How Relevant? by Jaybee2412(m): 8:11pm On Dec 29, 2009
[size=16pt]Please share your views on how relevant are the following sections of the constitution to the present political situation in Nigeria:[/size]

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.

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.
Re: Sections 144; 145 And 146 Of The 1999 Constitution: How Relevant? by gmoney009(m): 9:06pm On Jul 10, 2017
Events keep repeating themselves in Nigeria. In 2017 we find ourselves in a similar situation as in 2009. Should we keep waiting? Should Osibanjo be sworn in.
Re: Sections 144; 145 And 146 Of The 1999 Constitution: How Relevant? by tuscani: 10:18pm On Jul 10, 2017
But we are too tribalist or myopic to invoke this section of the Constitution
Re: Sections 144; 145 And 146 Of The 1999 Constitution: How Relevant? by macsilver(m): 11:13pm On Aug 04, 2017
Who dem born well to talk anything... you think say Mallams dey read all these ones? If we try it we are, with open hands, welcoming a second civil war in Nigeria. We wouldn't wanna try that. Let's just allow this Zombie spend his tenure from overseas. And let him come next term hungry for a second term so we can disgrace him.
Re: Sections 144; 145 And 146 Of The 1999 Constitution: How Relevant? by Sprumbabafather: 11:18pm On Aug 04, 2017
Which constitution?

We are not using this constitution for the administration, there is a different set if rules used by the cabal and the presidents inner caucus to do what they like.

Osinbajo is just a passenger in this administration tongue
Re: Sections 144; 145 And 146 Of The 1999 Constitution: How Relevant? by donralph2000(m): 11:33pm On Aug 04, 2017
These sections of the 1999 constitution have been the topic and virtually all political programmes on TV and radio. This is actually the first time majority of Nigerians are making reference to the constitution concerning the present state of the nation. The constitution is no longer for the elites or lawyers (as the case may be) since it concerns the totality of the citizens inhabiting the sovereign state. IMO, the constitution has not been breached in any way considering the procedure taking by the president for medicals. The only thing I would condemn this administration for is lack of health infrastructure that can compete with the outside world. By so, retaining our millions in our country instead of spending it over there and boosting their economy. My 2 kobo!!! sad
Re: Sections 144; 145 And 146 Of The 1999 Constitution: How Relevant? by Nobody: 11:45pm On Aug 04, 2017
OP quotes long passages in the constitution and then draws inferences that don't exist even in his quote

Can OP tell us the particular line of his quote that supports his argument

There is no vacuum in the Presidency, Osibanjo is the acting President period! He should govern!
Re: Sections 144; 145 And 146 Of The 1999 Constitution: How Relevant? by Integrityfarms(m): 11:53pm On Aug 04, 2017
Our constitution is fundamentally useless.

To institute a medical panel to certify the president as incapacitated must be reported by more than half of the ministers appointed by the president, how can this be obtainable? How can the appointees of the President back stab him on poor health grounds?


We are just deceiving ourselves. In this dispensation, pmb can as well rule Nigeria from the galaxy or planet mars
Re: Sections 144; 145 And 146 Of The 1999 Constitution: How Relevant? by Nobody: 11:56pm On Aug 04, 2017
Integrityfarms:
Our constitution is fundamentally useless.

To institute a medical panel to certify the president as incapacitated must be reported by more than half of the ministers appointed by the president, how can this be obtainable? How can the appointees of the President back stab him on poor health grounds?


We are just deceiving ourselves. In this dispensation, pmb can as well rule Nigeria from the galaxy or planet mars

PMB is not ruling he is on Medical leave

Let Osibanjo be a man and govern, he is already the acting President
Re: Sections 144; 145 And 146 Of The 1999 Constitution: How Relevant? by aolawale025: 12:05am On Aug 05, 2017
Not relevant because of ethnic and religious sentiments
Re: Sections 144; 145 And 146 Of The 1999 Constitution: How Relevant? by Nobody: 12:16am On Aug 05, 2017
aolawale025:
Not relevant because of ethnic and religious sentiments

Why not make a legal argument in support of your position?

Was it not ethnic and religious when you voted a grandfather with health issues as your President? Get used to it people, 2019 is around the corner, you can campaign for Osibanjo to become President through legitimate votes!

Stop bullying a sick man to step down! He has handed power over to his vice!

If Osibanjo can't wait for 2019 let him grow some balls and fire all the ministers and appoint his own!
Re: Sections 144; 145 And 146 Of The 1999 Constitution: How Relevant? by yarimo(m): 12:18am On Aug 05, 2017
Op as it is now no any section is relevant, the president is not dead and not incapacitated or being impeach and by the grace of God he will not resign.
Re: Sections 144; 145 And 146 Of The 1999 Constitution: How Relevant? by Integrityfarms(m): 12:18am On Aug 05, 2017
krendo:


PMB is not ruling he is on Medical leave

Let Osibanjo be a man and govern, he is already the acting President


For how long? Are you aware there are limits to his acting capacity? If not, can't he change the ministers? Osinbajo is still a puppet to his awol and missing in action master Buhari
Re: Sections 144; 145 And 146 Of The 1999 Constitution: How Relevant? by aolawale025: 12:23am On Aug 05, 2017
krendo:


Why not make a legal argument in support of your position?

Was it not ethnic and religious when you voted a grandfather with health issues as your President? Get used to it people, 2019 is around the corner, you can campaign for Osibanjo to become President through legitimate votes!

Stop bullying a sick man to step down! He has handed power over to his vice!

If Osibanjo can't wait for 2019 let him grow some balls and fire all the ministers and appoint his own!


For a law that exists but haven't been activated for any reason. What legal arguments can be made? I just stated a reason why that part of the constitution isn't feasible.
Re: Sections 144; 145 And 146 Of The 1999 Constitution: How Relevant? by yarimo(m): 12:24am On Aug 05, 2017
gmoney009:
Events keep repeating themselves in Nigeria. In 2017 we find ourselves in a similar situation as in 2009. Should we keep waiting? Should Osibanjo be sworn in.
as long as 1999 constitution is concern we have to wait.
Re: Sections 144; 145 And 146 Of The 1999 Constitution: How Relevant? by yarimo(m): 12:25am On Aug 05, 2017
macsilver:
Who dem born well to talk anything... you think say Mallams dey read all these ones? If we try it we are, with open hands, welcoming a second civil war in Nigeria. We wouldn't wanna try that. Let's just allow this Zombie spend his tenure from overseas. And let him come next term hungry for a second term so we can disgrace him.

Re: Sections 144; 145 And 146 Of The 1999 Constitution: How Relevant? by yarimo(m): 12:26am On Aug 05, 2017
Sprumbabafather:
Which constitution?

We are not using this constitution for the administration, there is a different set if rules used by the cabal and the presidents inner caucus to do what they like.

Osinbajo is just a passenger in this administration tongue
what is this one saying?

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