Section 144 and 145 of the 1999 Constitution: Situations Where the President and Vice President Shall no Longer Hold Office

Vice president

The 1999 Constitution

Section 144 (1)(a)

The President or Vice President shall cease to hold office, if –
by a resolution passed by two-thirds majority of all the members of the executive council of the Federation it is declared that the President or Vice-President is incapable of discharging the functions of his office; and

(The President or Vice-President shall step down from office if by an agreement reached by 2/3 majority of all members of the federal executive council, they confirmed that the President or vice president cannot perform their official duties.)


Section 144 (1)(b)

the declaration 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 President of the Senate and the Speaker of the House of Representatives.

(the confirmation is proved after there has been an health inspection which is required by a health team established by the constitution and the report of such inspection submitted to the two leaders of the Houses in the National Assembly; President of the Senate(upper house) and the Speaker of the House of Representatives(lower house))


Section 144 (2)

Where the medical panel certifies in the report that in its opinion the President or Vice-President 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 President of the Senate and the Speaker of the House of Representatives shall be published in the Official Gazette of the Government of the Federation.

(If the health team confirms in their report that in their opinion that the President or vice president is physically sick or has mental illness which makes them unable to perform their official duties, a notice signed by the President of the Senate and the Speaker of the House of Representatives shall be made public in an official printed communication by the Federal Government.)


Section 144 (3)

The President or Vice-President 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

(The President or Vice-President will no more be in office when the notice of the health status is officially made public as stated in subsection 2.)


Section 144 (4)

the medical panel to which this section relates shall be appointed by the President of the Senate, and shall comprise five medical practitioners in Nigeria:-

(the health team as stated in this section would be appointed by the President of the Senate and it would have 5 medical doctors in Nigeria:-)


Section 144 (4)(a)

one of whom shall be the personal physician of the holder of the office concerned; and

(one of them must be the personal doctor of either the President or Vice-President; and)


Section 144 (4)(b)

four other medical practitioners who have, in the opinion of the President of the Senate, 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.

(in the opinion of the Senate President, four other medical doctors who must have good degrees/experience in the area of medical practice of the sickness either  President or Vice-President suffers from.)


Section 144 (5)

In this section, the reference to “executive council of the Federation” is a reference to the body of Ministers of the Government of the Federation, howsoever called, established by the President and charged with such responsibilities for the functions of government as the President may direct.

(in this section, “executive council of the federation” refers to all Ministers of the Federal Republic of Nigeria appointed by the President.)


Section 145

Whenever the President transmits to the President of the Senate and the Speaker of the House of
Representatives 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 them a written declaration to the contrary such functions shall be discharged by the Vice-President as Acting President.

(anytime the President sends a written statement to the President of the Senate and the Speaker of the House of Representatives that he is going on vacation or he cannot perform his official duties, the Vice President is to act on his behalf until he sends a written statement that he is back or fit to perform his official duties.)


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