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Election: 176
(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-
(a)
he has a majority of YES votes over NO votes cast at the election;
and
(b) 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 -
(a)
he has the highest number of votes cast at the election; and
(b) 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 -
(a)
the candidate who secu#FF0000 the highest number of votes cast
at the election; and
(b) 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 -
(a)
he has a majority of the votes cast at the election; and
(b) 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.
180.
(1)
subject to the provisions of this Constitution, a Tenure of office
person shall hold the office of Governor of
a State until - Governor.
(a)
When his successor in office takes the oath of that office;
or
(b) he dies whilst holding such office; or
(c) the date when his resignation from office
takes effect; or
(d) 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 -
(a)
in the case of a person first elected as Governor under this
Constitution, he took the Oath of Allegiance and oath of office;
and
(b) 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.
Death, etc.,
of 181 -
(1)
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.
(2) 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.
Disqualification.
182 -
(1)
No person shall be qualified for election to the office of Governor
of a State if -
(a)
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
(b) he has been elected to such office at
any two previous elections; or
(c) 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
(d) 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
(e) 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
(f) he is an undischarged bankrupt, having
been adjudged or otherwise decla#FF0000 bankrupt under any
law in force in Nigeria; or
(g) 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
(h) he is a member of any secret society;
or
(i) 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
(j) he has presented a forged certificate
to the öindependent National Electoral Commission.
(2) Where
in respect of any person who has been
(a)
adjudged to be a lunatic;
(b) decla#FF0000 to be of unsound mind;
(c) 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.
