Section 180 and 181 of the 1999 Constitution: Tenure of a State Governor

State

The 1999 Constitution

Section 180 (1)

subject to the provisions of this Constitution, a person shall hold the office of Governor of a State until –

(Basically, a person who was duly elected as a Governor of a State in Nigeria, will hold such an office till )


Section 180 (1)(a)

When his successor in office takes the oath of that office; or

(his successor takes an oath of that office; )


Section 180 (1)(b)

he dies whilst holding such office; or

(he dies in office; )


Section 180 (1)(c)

the date when his resignation from office takes effect; or

(he resigns from the office or; )


Section 180 (1)(d)

he otherwise ceases to hold office in accordance with the provisions of this constitution.

(his tenure in office is cut short by any of the prescribed methods; )


Section 180 (2)

Subject to the provisions of subsection (1) of this section, the Governor shall vacate his office at the
expiration of period of four years commencing from the date when –

(In essence, a Governor shall vacate the office after 4 years and this will begin from the date when; )


Section 180 (2)(a)

in the case of a person first elected as Governor under this Constitution, he took the Oath of Allegiance and oath of office; and

(he took his Oath of Allegiance and oath of office; )


Section 180 (2)(b)

the person last elected to that office took the Oath of Allegiance and oath of office or would, but for his
death, have taken such oaths.

(or, if in the case of a deputy completing his predecessor’s tenure, 4 years after the original occupant of the office took the oath.)


Section 180 (3)

If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may be resolution extend the period of four years mentioned in subsection (2) of this section from time to time, but no such extension shall exceed a period of six months at any one time.

(However, if there is a war within the geographical territory of Nigeria, that will render it impossible to hold elections, the National Assembly may extend the period of 4 years but not with more than 6 months at a time.)


Section 181 (1)

If a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath
of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy governor shall be sworn in as Governor and he shall nominate a new Deputy-Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State.

(When a Governor is duly elected but dies or becomes a lunatic or any of the other ways the person cannot take the oath of office, the Deputy Governor elected with him will be sworn in as Governor. Such a Governor shall nominate a new Deputy Governor that will be approved by a simple majority of the State House of Assembly.)


Section 181 (2)

Where the persons duly elected as Governor and Deputy Governor of a State die or are for any reason unable to assume office before the inauguration of the house of Assembly, the Independent National Electoral Commission shall immediately conduct an election for a Governor and Deputy Governor of the State.

(When people duly elected as Governor & Deputy Governor are unable to assume office before the inauguration of the House of Assembly, INEC shall immediately conduct an election for Governor & Deputy Governor.)


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