Section 139, 140 and 141 of the 1999 Constitution: Applications made to the Court of Appeal regarding the President and Vice President

Court of Appeal

The 1999 Constitution

Section 139

The National Assembly shall by an Act make provisions as respects –

(The National Assembly has the right to make Acts i.e. laws regarding the following; )


Section 139 (a)

persons who may apply to the Court of Appeal for the determination of any question as to whether;

(People who may appeal to the Court of Appeal in order to get judgment based on any of the following questions; )


Section 139 (a)(i)

any person has been validly elected to the office of President or Vice-President;

(Questions concerning whether or not a person has been duly elected into the position of the office of either the President or Vice President of Nigeria; )


Section 139 (a)(ii)

the term of office of the President or Vice President has cease, or

(Questions regarding whether or not the tenure of the President or Vice President has ceased i.e. ended;)


Section 139 (a)(iii)

the office of the President or Vice-President has become vacant

(Questions regarding whether or not the office of the President or Vice President has become vacant i.e. the role of President or Vice President is not being filled by anyone; )


Section 139 (b)

circumstances and manner in which, and the conditions upon which such application may be made; and

(The National Assembly has the power to dictate how (conditions to be met) such applications is to be made i.e. procedures to the Court of Appeal can be made; )


Section 139 (c)

powers, practice and procedure of the Court of Appeal in relation to any such application

(The powers, practice and procedure which the Court of Appeal needs to follow when dealing with such application before it.)


Section 140 (1)

A person elected to the office of President shall not begin to perform the functions of that office until he
has declared his assets and liabilities as prescribed in this Constitution and he has taken and subscribed the Oath of Allegiance and the oath of office prescribed in the Seventh Schedule to this Constitution.

(Any person elected as president shall not begin his tenure till the person has declared his assets and taken the oath of allegiance in the manner prescribed by the Constitution.)


Section 140 (2)

The oaths aforesaid shall be administered by the Chief Justice of Nigeria or the person for the time being
appointed to exercise the functions of that office.

(This oath taking shall be presided over by the Chief Justice of Nigeria or any other person appointed whose office fulfils that function.)


Section 141

There shall be for the Federation a Vice-President

(There must always be a Vice President so far there is a President.)


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