Section 182 and 183 of the 1999 Constitution: Circumstances that Disqualifies a Candidate for the Office of the Governor of a State

Governor

The 1999 Constitution

Section 182 (1)

No person shall be qualified for election to the office of Governor of a State if –

(The following can disqualify a person from being elected as Governor of a State in Nigeria – )


Section 182 (1)(a)

subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a
country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a declaration of allegiance to such other country; or

(The person is a citizen of another country in the manner which was written under section 28 of the Constitution or except in situations where the National Assembly has made it so, such person has declared his allegiance to another Country; )


Section 182 (1)(b)

he has been elected to such office at any two previous elections; or

(The person has served as Governor for 2 (two) previous tenures; )


Section 182 (1)(c)

under the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind; or

(The person has been declared a lunatic or of unsound mind under the law in any part of Nigeria; )


Section 182 (1)(d)

he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria or a sentence of imprisonment for any offence involving dishonesty or fraud (by whatever name called) or any other offence imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal; or

(The person has been found guilty of criminal offence or any offence involving dishonesty or fraud (or by whatever name it is called) or any other offence imposed on him by any competent court or tribunal and as such is either serving a jail term or has been sentenced to death; )


Section 182 (1)(e)

within a period of less than ten years before the date of election to the office of Governor of a State he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of the
contravention of the code of Conduct; or

(The person has been convicted and sentenced to a jail term not less than 10 years prior to the election for an offence which involves dishonesty or he has been found guilty for going against the code of Conduct; )


Section 182 (1)(f)

he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Nigeria; or

(The person was declared bankrupt & has not been discharged as such; )


Section 182 (1)(g)

being a person employed in the public service of the Federation or of any State, he has not resigned,
withdrawn or retired from the employment at least thirty days to the date of the election; or

(The person being a civil servant of either the Federal Government or the State and such person has not resigned from such employment at least 30 days before the date of the election; )


Section 182 (1)(h)

he is a member of any secret society; or

(The person belongs to any secret society; )


Section 182 (1)(i)

he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative
Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law or any other law by the Federal or State Government which indictment has been accepted by the Federal or State Government; or

(The person has been found guilty of embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel of Inquiry or any Tribunal which has been set up under the Tribunals of Inquiry Act; )


Section 182 (1)(j)

he has presented a forged certificate to the independent National Electoral Commission.

(The person presents fake certificates of his credentials to the Independent National Electoral Commission; )


Section 182 (2)(a-d)

Where in respect of any person who has been –
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced or declared bankrupt,
(d) adjudged or declared bankrupt,

an appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria, subsection (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned, whichever is earlier.

(When a person is deemed to have fallen afoul of the above provisions of the Constitution that would otherwise bar him from the office of Governor or Deputy Governor, an appeal against any of the convictions or sentence from the foregoing provisions would negate this section. This will subsist till the appeal is decided.)


Section 183

The governor shall not, during the period when he holds office, hold any other executive office or paid
employment in any capacity whatsoever.

(A Governor shall not hold any paid employment or any active executive position in any capacity whatsoever while he is the Governor.)

Leave a Reply

Your email address will not be published. Required fields are marked *