Section 142 and 143 of the 1999 Constitution: Removal of the President and Vice President of Nigeria

Vice President

The 1999 Constitution

Section 142 (1)

In any election to which the foregoing provisions of this Part of this Chapter relate, a candidate for an
election to the office of President shall not be deemed to be validly nominated unless he nominates another candidate as his associate from the same political party for his running for the office of President, who is to occupy the office of Vice-President and that candidate shall be deemed to have been duly elected to the office of Vice-President if the candidate for an election to the office of President who nominated him as such associate is duly elected as President in accordance with the provisions aforesaid.

(The provision about there being Vice President is so important that a presidential candidate shall not be duly nominated till he selects a Vice Presidential candidate from his political party. The Vice President shall be seen to have been duly elected if his presidential candidate wins the election.)


Section 142 (2)

The provisions of this Part of this Chapter relating to qualification for election, tenure of office,
disqualification, declaration of assets and liabilities and oaths of President shall apply in relation to the office of Vice-President as if references to President were references to Vice-President.

(The same qualifications which were mentioned in section 137 and 138 of the Constitution that apply to a President shall apply to his Vice President.)


Section 143 (1)

The President or Vice-President may be removed from office in accordance with the provisions of this
section.

(The President/Vice President can only be validly removed from office in any of the following ways; )


Section 143 (2)

Whenever a notice of any allegation in writing signed by not less than one-third of the members of the
National Assembly:-

(In a situation where there is a notice of allegation brought to the National Assembly and signed by not less than one-third of its members )


Section 143 (2)(a)

is presented to the President of the Senate;

(Where such notice of allegation has been signed by not less than one-third of the members of the National Assembly (Senate and House of Representatives), said notice is submitted to the Senate President.


Section 143 (2)(b)

stating that the holder of the office of President or Vice-President is guilty of gross misconduct in the
performance of the functions of his office, detailed particulars of which shall be specified,

(Such notice submitted or presented to the Senate President must state that whoever is currently holding the office of the President or Vice President has been guilty of gross misconduct in the performance of their duties and the specific offence(s) and its particulars must be included.)


the President of the Senate shall within seven days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the National Assembly, and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the National Assembly.

(Upon receipt, the Senate President shall cause notices to be served to the President/Vice President and to all members of the National Assembly. Also, any response to the allegations shall also be served to all members of the National Assembly.)


Section 143 (3)

Within fourteen days of the presentation of the notice to the President of the Senate (whether or not any
statement was made by the holder of the office in reply to the allegation contained in the notice) each House of the National Assembly shall resolve by motion without any debate whether or not the allegation shall be investigated.

(Within 2 weeks of the receipt of the allegations, whether any response was given by the President/Vice President, each House of the National Assembly (Senate & House of Representatives) shall resolve whether the allegations shall be investigated.)


Section 143 (4)

A motion of the National Assembly that the allegation be investigated shall not be declared as having been passed, unless it is supported by the votes of not less than two-thirds majority of all the members of each House of the National Assembly.

(Any motion about the investigation shall not be deemed to be passed unless 2/3 of the National Assembly (Senate & House of Representatives) vote in favour of it.)


Section 143 (5)

Within seven days of the passing of a motion under the foregoing provisions, the Chief Justice of Nigeria
shall at the request of the President of the Senate appoint a Panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provide in this section.

(If the motion (to investigate the allegations of misconduct against the President/Vice President) is passed, the Senate President shall request the Chief Justice to appoint a 7-man panel which shall consist of people not affiliated to any political party or to the National Assembly and shall not be Civil Servants. This panel shall investigate the allegation.)


Section 143 (6)

The holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person and be represented before the Panel by legal practitioners of his own choice.

(The person being investigated shall be entitled to fair hearing (right to defend himself & to a lawyer of his choosing)


Section 143 (7)

A Panel appointed under this section shall –

(A panel that has been created or set up based on the provisions of this section shall – )


Section 143 (7)(a)

have such powers and exercise its functions in accordance with such procedure as may be prescribed by the National Assembly; and

(The National Assembly shall prescribe the powers and function of such a panel.)


Section 143 (7)(b)

within three months of its appointment report its findings to each House of the National Assembly.

(& the panel shall submit its report (to both the Senate & House of Representatives) after 3 months.)


Section 143 (8)

Where the Panel reports to each House of the National Assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter.

(When the Panel finds that the allegation was unproven, then nothing further will be done.)


Section 143 (9)

Where the report of the Panel is that the allegation against the holder of the office has been proved, then
within fourteen days of the receipt of the report at the House the National Assembly shall consider the report, and if by a resolution of each House of the National Assembly supported by not less than two-thirds majority of all its members, the report of the Panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.

(If the Panel finds the allegation proven, it shall send a report to the National Assembly. Within 14 days of the receipt of that report, the National Assembly shall consider the report and pass a resolution with 2/3 of the National Assembly, the holder of the office (President/Vice President) shall be removed from office with effect of the date of the report’s adoption.)


Section 143 (10)

No proceedings or determination of the Panel or of the National Assembly or any matter relating thereto
shall be entertained or questioned in any court.

(No Court of any class can entertain any matter relating to the impeachment of a President/Vice President.)


Section 143 (11)

In this section –
“gross misconduct” means a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion of the National Assembly to gross misconduct.

(Gross Misconduct means any violation of the Constitution or whatever the National Assembly considers as gross misconduct.)


Leave a Reply

Your email address will not be published.