Presidential Succession Order (Special Provisions, etc.) 2008 No. C 1787 PRESIDENTIAL SUCCESSION ORDER (SPECIAL PROVISIONS, ETC.

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1 [SB. ] Presidential Succession Order (Special Provisions, etc.) 00 No. C PRESIDENTIAL SUCCESSION ORDER (SPECIAL PROVISIONS, ETC.) BILL, 00 Arrangement of Sections Section:. Circumstances requiring application of succession order, etc. to office of President, etc.. Succession Order to the offices of President and Vice-President.. Procedure and time frame of successions of President or Vice-President.. Successors of President to have and exercise same powers, functions, etc.. Failure to conduct election.. Interpretation.. Citation.

2 C000C 00 No. Presidential Succession Order (Special Provisions, etc.)

3 Presidential Succession Order (Special Provisions, etc.) 00 No. C A BILL FOR An Act to Specify the Statutory Order, Procedure and Time Frame of Succession to the Offices of the President and Vice-President of the Federal Republic of Nigeria, in the Event of the Occurrence of Permanent Incapacity, Death, Resignation, Impeachment or Removal from Office of the Holder of Any of the Offices Thereof, in Accordance with Sections and of the Constitution, and Designate Other Matters Appertaining Thereto 0 Sponsored by Senator George Thompson Sekibo (Rivers East Senatorial District) [ ] Be it Enacted by the National Assembly of the Federal Republic of Nigeria. As from the commencement of this Act, the occurrence of the following circumstances described and contemplated under this section of this Act shall require the application of the order, procedure and time frame of succession to the Offices of the President and Vice-President of the Federal Republic of Nigeria specified under this Act, that is to say (a) the nullification, by a court of competent jurisdiction, of the election of the President and Vice-President or any of the holders of the offices thereof, as the case may be, in an election year, for any reason, after taking and subscribing to the Oath of Allegiance and Oath of Office prescribed in the Seventh Schedule to the Constitution, and declaring their assets and liabilities as provided under the same Constitution; (b) the occurrence of death, resignation, impeachment or permanent incapacity of the President, Vice-President, or both holders of the offices thereof; and (c) the removal from office of the President and Vice-President or any of the holders of the offices thereof for any reason, in accordance with section of the Constitution.. () Where the election of the President and Vice-President, in an election year, is nullified as described and contemplated under section (a) Commencement. Circumstances requiring application of Succession Order, etc. to Office of President, etc. Succession Order to the

4 C 0 00 No. Presidential Succession Order (Special Provisions, etc.) Offices of President and Vice- President. Procedure and time of this Act, the President of the Senate shall, subject to subsection () of this section hold office of President for a period not exceeding three months, during which there shall be an election of a new President and Vice-President who shall hold office for a period of four years, commencing from the date when the holders of the offices thereof take the Oath of Allegiance and the Oath of Office. () Where the Office of the President or Vice-President becomes vacant by reason of the occurrence of any of the circumstances described under paragraph (a) or (b) of section of this Act (a) in the case of the President, the Vice-President shall hold office of the President for the unexpired term of office of the last holder of the office; and (b) in the case of the Vice-President, the President shall nominate a new Vice-President, whose appointment shall be subject to approval by a simple majority of the members of each House of the National Assembly present and voting in their respective Chambers. () Where the office of the President or Vice-President becomes vacant by reason of the occurrence of the circumstances described and contemplated under section (c) of this Act (a) in the case of vacancy in the office of the President, the Vice-President shall hold the office of President for the unexpired term of office of the last holder of the office thereof; (b) in the case of vacancy in the office of the Vice-President, the President shall nominate a new Vice-President, which appointment shall be subject to approval by a simple majority of the members of each House of the National Assembly, persent and voting in their respective Chambers; (c) in the case of vacancy in the Offices of the President and Vice-President, the President of the Senate shall, subject to subsection () of this section, hold the office of the President for a period 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.

5 Presidential Succession Order (Special Provisions, etc.) 00 No. C () For the avoidance of any doubt, where the Vice-President holds the Office of President as described and contemplated under subsection () (a) or () (a) of this section, he shall nominate a new Vice-President, which appointment shall be approved by a simple majority of members of the National Assembly present and voting at a joint sitting. () Without prejudice to the provisions of subsections () and () (c) of this section, the President of the Senate shall not be eligible to hold the office of President as prescribed and contemplated thereof, where he fails to satisfy any of the requirements specified in section of the Constitution. () In the event of failure by the Senate President to satisfy any of the provisions of section of the Constitution during the immediate period of the occurrence of the circumstances described and contemplated under paragraph (a) or (c) of section of this Act, the Speaker of the House of Representatives shall hold the office of President for a period not exceeding three months, during which there shall be an election of a new President who shall hold office as specified under subsections () and () (c) of this section, as the case may require. () Where both the President of the Senate and Speaker of the House of Representatives fail to satisfy any of the requirements of section of the Constitution during the immediate period of the occurrence of the circumstances described and contemplated under paragraphs (a) and (c) of section of this Act, then the President of the Senate shall be required to vacate his office temporarily to enable the election of a new Senate President that satisfies the provisions of the said section of the Constitution. () For the avoidance of any doubt, the new President of the Senate elected in terms of subsection () of this section shall be sworn into the Office of President and shall hold office of the President for the period of three months during which a new President and Vice-President shall be elected, and the President of the Senate that vacated his office temporarily in terms of the same subsection thereof shall resume his office immediately after the swearing into office of the new Senate President as President of the Federal

6 C 00 No. frame of successions of President or Vice- President. Successors Presidential Succession Order (Special Provisions, etc.) Republic of Nigeria. () Subject to this Act, the new President of the Senate elected in terms of subsection () of this section and sworn into office of President pursuant to subsection () of this section, shall vacate the office of President after the swearing into office of the new President and Vice-President, and shall return to his seat in the Senate.. () In the event of the occurrence of any of the circumstances described in section of this Act, that is to say (a) in the case of nullification, by a court of competent jurisdiction, of the election of both the President and Vice-President, the President of the Senate shall be sworn in to hold office of President not later than twentyfour hours from the time of delivery of judgment by the said court; (b) in the case of death, resignation, impeachment or permanent incapacity or removal from office of the President, the Vice-President shall be sworn into office, not later than twenty-four hours immediately following the occurrence of any of the foregoing contemplated circumstances under this paragraph of this subsection; (c) in the case of the death or resignation, impeachment, permanent incapacity or removal from office of the Vice-President, the President shall nominate and appoint a new Vice-President, not later than seven days immediately following the occurrence of any of the foregoing contemplated circumstances in this paragraph of this subsection; (d) in the case of removal from office at the same time of the President and the Vice-President, the President of the Senate shall be sworn into the office of President not later than forty-eight hours immediately following the removal from office of the office holders thereof. () Subject to this Act, the Chief Justice of Nigeria or any person acting in that capacity shall have responsibility for swearing in any successor to the office of the President or Vice-President, within the respective time frames specified in this Act. () For the avoidance of any doubt, where the Vice-President is sworn in to hold office of President, following the occurrence of any of the

7 Presidential Succession Order (Special Provisions, etc.) 00 No. C circumstances described and contemplated under this Act, he shall not later than seven days, immediately following his succession to the office of President, nominate a new Vice-President which appointment shall be approved by the National Assembly in the manner prescribed under section () of this Act.. () Every successor of the Office of the President, shall have and exercise, the powers, functions, benefits and privileges which the last holder of the office had and exercised before the occurrence of any of the circumstances described or contemplated under section of this Act. () Without prejudice to subsection () of this section, the powers of immunity conferred on the President by the Constitution shall, without any further assurance, be extended to any person that holds the office of President following the occurrence of any of the circumstances described and contemplated under section of this Act.. () In the event of inability of the Independent National Electoral Commission to conduct an election into the office of the President for any reason at the expiration of the period of three months during which the President of the Senate is allowed by the Constitution to hold the office of President, then the President shall communicate such inability to conduct that election to the Senate and the House of Representatives, requesting for an extension of tenure of the President. () A resolution passed by a simple majority vote of members of senate and House of Representatives, present and voting in their respective Chambers, shall be sufficient to extend the tenure of the Acting President for a period not exceeding 0 days, and no further request for extension shall be entertained or considered.. In this Act, unless the context otherwise requires Acting President refers to the Senate President or Speaker of the House of Representatives holding the office of President; court of competent jurisdiction means the Presidential Election Tribunal or the Supreme Court of Nigeria; of President to have and exercise same powers, functions, etc. Failure to conduct election. Interpretation. Citation.

8 C 00 No. Presidential Succession Order (Special Provisions, etc.) election year refers to any particular year set aside by any law in force for the election of the President of the Federal Republic of Nigeria; President means the President of the Federal Republic of Nigeria.. This Act may be cited as Presidential Succession Order (Special Provisions, etc.) Bill, 00. Explanatory Memorandum This Bill seeks to provide the mechanism for filling the offices of the President and Vice-President in the event of the occurrence of certain circumstances described and contemplated by the Constitution, and addressing other matters unforseen by the Constitution, which may occur in the course of running the processes of governance.

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