Section 135 and 136 of the 1999 Constitution: Duration of the Office of the President and Oaths Taken by a Duly Elected President

Oaths

The 1999 Constitution

Section 135 (1)

Subject to the provisions of this Constitution, a person shall hold the office of President until –

(A person who has been duly elected as the President of Nigeria shall remain in office until either of the following situations occur/ take place; )


Section 135 (1)(a)

when his successor in office takes the oath of that office;

(When the next person who has been duly elected as President of Nigeria takes his oath of that office i.e. His/her Presidential oath; )


Section 135 (1)(b)

he dies whilst holding such office; or

(Such person dies while holding that office or; )


Section 135 (1)(c)

the date when his resignation from office takes effect;

(In a situation where the person who is currently holding such position of the President of the Federation resigns, the date which such resignation is meant to take effect; )


Section 135 (1)(d)

he otherwise ceases to hold office in accordance with the provisions of this Constitution.

(If such person, based on any section of the 1999 Constitution is said to no longer hold the office of the President of Nigeria.)


Section 135 (2)

Subject to the provisions of subsection (1) of this section, the President shall vacate his office at the
expiration of a period of four years commencing from the date, when –

(Following what was stated in the previous sub section of this section 135, a person who is occupying the office of the President shall cease to be the President once the 4 (four) year tenure has elapsed counting from – .)


Section 135 (2)(a)

in the case of a person first elected as President under this Constitution, he took the Oath of Allegiance and the oath of office; and

(In a situation where it is a person first elected as President, it will start counting from the day such person took the Oath of Allegiance and Oath of Office.)


Section 135 (2)(b)

in any other case, the person last elected to that office under this Constitution took the Oath of Allegiance and oath of office or would, but for his death, have taken such Oaths.

(In any other situation, whomever the last person who was elected to the office as stated under the Constitution took his/ her Oath of Allegiance and Oath of Office or if such person died, the day he/she would have taken such Oaths.)


Section 135 (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 by 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.

(In a situation where Nigeria is physically involved in a war and the President at that time believes that holding/ conducting an election will not be practicable, then the National Assembly may by a resolution, decide to extend the 4 (four) year tenure which was mentioned in sub section 2 of section 135 from time to time as long as such extension does not exceed a period of 6 (six) months per extension.)


Section 136 (1)

If a person duly elected as President dies before taking and subscribing the Oath of Allegiance and oath
of office, or is for any reason whatsoever unable to be sworn in, the person elected with him as Vice-President shall be sworn in as President and he shall nominate a new Vice-President who shall be appointed by the President with the approval by a simple majority of the National Assembly at a joint sitting.

(In a situation where a person who was duly elected as the President of Nigeria dies before such person is able to take their Oath of Allegiance and Oath of Office or for some other reason was unable to take his/her Oath before dying, then whomever was elected with him/her as his/her Vice President will be sworn in as President of Nigeria and this Vice President turned President will appoint a Vice President but it has to be with the approval of a simple majority of the National Assembly at a joint sitting.)


Section 136 (2)

Where the persons duly elected as President and Vice President die or are unable for any reason whatsoever to assume office before the inauguration of the National Assembly, the Independent National Electoral Commission shall immediately conduct an election for a President and the Vice-President.

(Where the duly elected President and Vice President of Nigeria die or for whatever reason were not able to assume office before the inauguration of the National Assembly, then the INEC (Independent National Electoral Commission) will immediately conduct fresh elections for the office of the President and Vice President of the Country.)


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