Section 176, 177 and 178 of the 1999 Constitution: Qualifications and Election of State Governors

Governor

The 1999 Constitution

Section 176 (1)

There shall be for each State of the Federation a Governor.

(Every State in Nigeria shall have a Governor.)


Section 176 (2)

The governor of a State shall be the Chief Executive of that state.

(Whoever is the Governor of a State shall be the Chief Executive of that State.)


Section 177

A person shall be qualified for election to the office of Governor of a State if

(The following shall qualify a person in an election for the office of the Governor of a State; )


Section 177 (a)

he is a citizen of Nigeria by birth;

(Such person must be a citizen of Nigeria by nature of his birth; )


Section 177 (b)

he has attained the age of thirty-five years;

(Such person must be at least 35 years old; )


Section 177 (c)

he is a member of a political party and is sponsored by that political party; and

(Such person must be a member of a political party in Nigeria and be sponsored by that political party he is a part of; )


Section 177 (d)

he has been educated up to at least School Certificate level or its equivalent.

(Such person must have been educated up to at least School Certificate level or any level which is equivalent to it.)


Section 178 (1)

An election to the office of Governor of a State shall be held on a date to be appointed by the
Independent National Electoral Commission.

(The Independent National Electoral Commission (INEC) is responsible for scheduling a date for the elections of people who are campaigning for the office of the Governor of a State.)


Section 178 (2)

An election to the office of Governor of a State shall be held on a date not earlier than sixty days and not later than thirty days before the expiration of the term of office of the last holder of that office.

(When scheduling an election to the office of a state Governor in Nigeria, the date fixed for such election to be held or conducted should not be earlier than 60 (sixty) days and also not more than 30 (thirty) days before the term of the person who last held that office expires.)

Section 178 (3)

Where in an election to the office of Governor of a State one of the two or more candidates nominated for the election is the only candidate after the close of nomination, by reason of the disqualification, withdrawal, incapacitation, disappearance or death of the other candidates, the Independent National Electoral Commission shall extend the time for nomination.

(In a situation where people/ candidates have been nominated in an election to the office of the Governor of a State but for whatever reason be it disqualification, withdrawal, incapacitation (i.e. lacking the capacity to perform an act, disappearance of death of other candidates, only one candidate remains after the period of time for nominations have closed, then the Independent National Electoral Commission (INEC) has the power to extend the time for nomination.)


Section 178 (4)

For the purpose of an election under this section a State shall be regarded as one constituency.

(When talking about elections as contained in this section i.e. 178, a State is to be seen as 1 (one) constituency.)


Section 178 (5)

Every person who is registered to vote at an election of a member of a legislative house shall be entitled to vote at an election to the office of Governor of a State.

(Once a person can register to vote at an election of a member of a legislative house i.e. House of Assembly, Senate, such a person is also entitled to vote an election to the office of Governor of a State in Nigeria.)

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