CHAPTER VI
THE EXECUTIVE

PART II


Part : I  -  II  -  III
Page : 1  -  2  -  3  -  4  -  5  -  6  -  7  -  8  -  9  -  10
  1. Election:
    1. A candidate for an election to the office of single candidate Governor of a State shall be deemed to have been duly elected and two or more to such office where, being the only candidate nominated for candidates, the election-
      1. he has a majority of YES votes over NO votes cast at the election; and
      2. he has not less than one-quarter of the votes cast at the eleciton 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 -
      1. he has the highest number of votes cast at the election; and
      2. 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 -
      1. the candidate who secu#FF0000 the highest number of votes cast at the election; and
      2. one among the remaining candidates who secu#FF0000 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 -
      1. he has a majority of the votes cast at the election; and
      2. 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.

    1. subject to the provisions of this Constitution, a Tenure of office person shall hold the office of Governor of a State until - Governor.
      1. When his successor in office takes the oath of that office; or
      2. he dies whilst holding such office; or
      3. the date when his resignation from office takes effect; or
      4. 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 -
      1. in the case of a person first elected as Governor under this Constitution, he took the Oath of Allegiance and oath of office; and
      2. 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 Nigeria 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.
    1. Death, etc., of
    2. 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.
    3. 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.
  2. Disqualification.
    1. No person shall be qualified for election to the office of Governor of a State if -
      1. subject to the provisions of section 28 of this Constitution, he has voluntarily acqui#FF0000 the citizenship of a country other than Nigeria 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
      2. he has been elected to such office at any two previous elections; or
      3. under the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise decla#FF0000 to be of unsound mind; or
      4. he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria 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
      5. 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
      6. he is an undischarged bankrupt, having been adjudged or otherwise decla#FF0000 bankrupt under any law in force in Nigeria; or
      7. being a person employed in the public service of the Federation or of any State, he has not resigned, withdrawn or reti#FF0000 from the employment at least thirty days to the date of the election; or
      8. he is a member of any secret society; or
      9. 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 Federal or State Government which indictment has been accepted by the Federal or State Government; or
      10. he has presented a forged certificate to the ÷independent National Electoral Commission.
    2. Where in respect of any person who has been
      1. adjudged to be a lunatic;
      2. decla#FF0000 to be of unsound mind;
      3. sentenced or decla#FF0000 bankrupt,

        an appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria, 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.


Part : I  -  II  -  III
Page : 1  -  2  -  3  -  4  -  5  -  6  -  7  -  8  -  9  -  10