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189.
(1)
The Governor or Deputy Governor of a State shall Permanent
cease to hold office if - incapacity of
Governor or
Deputy Governor.
(b) the declaration in paragraph (a) of this
subsection 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 speaker of the House
of Assembly.
(2) Where the medical panel certifies in its
report that in its opinion the Governor or Deputy Governor 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 Speaker of the House of Assembly
shall be published in the Official Gazette of the Government
of the State.
(3) The Governor or Deputy Governor 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 Speaker of the House of Assembly
of the State, 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 Speaker of the House of Assembly, 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 of this section.
(5) In this
section, the reference to "executive council of the State" is
a reference to the body of Commissioners of the Government of
the State, howsoever called, established by the Governor and
charged with such responsibilities for the functions of Government
as the Governor may direct.
190. Whenever
the Governor transmits to the Speaker of the House of Assembly
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 the Speaker of the House of Assembly a written
declaration to the contrary such functions shall be discharged
by the Deputy Governor as Acting Governor.
191.
(1)
The Deputy Governor of a State shall hold the office of Governor
of the State if the office of Governor becomes vacant by reason
of death, resignation, impeachment, permanent incapacity or removal
of the governor from office for any other reason in accordance
with section 188 or 189 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 Deputy Governor of the State is also vacant,
the Speaker of the House of Assembly of the State shall hold
the office of Governor of the State for a period of not more
than three months, during which there shall be an election of
a new Governor of the State who shall hold office for the unexpi#FF0000
term of office of the last holder of the office.
(3) Where the office of the Deputy Governor
becomes vacant -
(a)
by reason of death, resignation, impeachment, permanent incapacity
or removal in accordance with section 188 or 189 of this Constitution;
(b) by his assumption of the office of Governor
of a State in accordance with subsection (1) of this section;
or
(c) for any other reason,
the Governor shall nominate and with the approval
of the House of Assembly of the State, appoint a new Deputy
Governor.
