Section 146 and 147 of the 1999 Constitution: Vacancies in the Office of the President or Vice-President and Creation of Office of Ministers

Vice-President

The 1999 Constitution

Section 146 (1)

The Vice-President shall hold the office of President if the office of President becomes vacant by reason
of death or resignation, impeachment, permanent incapacity or the removal of the President from office for any other reason in accordance with section 143 of this Constitution.

(the Vice-President becomes the President of Nigeria if the President dies, or resigns, or is impeached, or is removed or is permanently incapable or for any reason in Section 143 of the Constitution.)


Section 146 (2)

Where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of Vice-President is also vacant, the President of the Senate shall hold the office of President for a period of not more than three months, during which there shall be an election of a new President, who shall hold office for the unexpired term of office of the last holder of the office.

(If the President either dies, or resigns, or is impeached, or is removed or is permanently incapable and the Vice-President is not available to become the President, The President of the Senate would become the President for 3 months during that period, there would be an election for a New President who completes the tenure of the former President.)


Section 146 (3)

Where the office of Vice-President becomes vacant:-

(where the vice president is not available; )


Section 146 (3)(a)

by reason of death or resignation, impeachment, permanent incapacity or removal in accordance with section 143 or 144 of this Constitution;

(due to death, or he resigns or he is impeached, or he is permanently incapable or he is removed according to section 143 or 144 of the constitution; )


Section 146 (3)(b)

by his assumption of the office of President in accordance with subsection (1) of this section; or

(due to him becoming the President as in subsection (1) above; )


Section 146 (3)(c)

for any other reason, the President shall nominate and, with the approval of each House of the National Assembly, appoint a new Vice-President.

(due to any other reason, the President would nominate a new Vice President which is to be approved and appointed by both houses.)


Section 147 (1)

There shall be such offices of Ministers of the Government of the Federation as may be established by
the President.

(The President is to establish offices of Ministers to the Federal Government.)


Section 147 (2)

Any appointment to the office of Minister of the Government of the Federation shall, if the nomination of
any person to such office is confirmed by the Senate, be made by the President.

(The President is to nominate Ministers which shall be confirmed by the Senate and then appointed.)


Section 147 (3)

Any appointment under subsection (2) of this section by the President shall be in conformity with the
provisions of section 14(3) of this Constitution:-

provided that in giving effect to the provisions aforesaid the President shall appoint at least one Minister from each State, who shall be an indigene of such State.

(Appointment of Ministers shall reflect Federal Character and a Minister must be from the indigenous people of each state in Nigeria; )


Section 147 (4)

Where a member of the National Assembly or of a House of Assembly is appointed as Minister of the
Government of the Federation, he shall be deemed to have resigned his membership of the National Assembly or of the House of Assembly on his taking the oath of office as Minister.

(If any member of the National Assembly or Assembly of a State is appointed as a Minister, if he accepts and takes oath of office, he automatically resigns from his former position as an Assembly member; )


Section 147 (5)

No person shall be appointed as a Minister of the Government of the Federation unless he is qualified for
election as a member of the House of Representatives.

(Anyone to be appointed as a Minister must have the required qualification for an elected member for the House of Representatives; )


Section 147 (6)

An appointment to any of the offices aforesaid shall be deemed to have been made where no return has been received from the Senate within twenty-one working days of the receipt of nomination by the Senate.

(Any appointment to be a Minister would be considered made where there is no response from the Senate after 21 days of the Senate receiving the nomination.)


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