The 1999 Constitution

Section 189 (1)

The Governor or Deputy Governor of a State shall cease to hold office if:

(The following situations are when a Governor or Deputy Governor of a State will no longer hold office in that State; )

Section 189 (1)(a)

by a resolution passed by two-thirds majority of all members of the executive council of the State, it is
declared that the Governor or Deputy Governor is incapable of discharging the functions of his office; and

(The Governor or Deputy Governor is deemed unable to fulfill the responsibilities of his office by a resolution adopted by a two-thirds majority of the members of the State’s executive council.)

Section 189 (1)(b)

the declaration in paragraph (a) of this subsection 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 speaker of the House of Assembly.

(After conducting any required medical exams, the declaration in this subsection’s paragraph (a) is validated by a medical panel constituted under this section’s subsection (4) in a report to the speaker of the House of Assembly.) 

Section 189 (2)

Where the medical panel certifies in its report that in its opinion the Governor or Deputy Governor 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 Speaker of the House of Assembly shall be published in the Official Gazette of the Government of the State.

(In cases where the medical panel certifies in its report that the Governor or Deputy Governor is, in its opinion, suffering from a physical or mental condition that renders him permanently unable to carry out the duties of his office, a notice of such condition, signed by the Speaker of the House of Assembly, shall be published in the State’s Official Gazette.)

Section 189 (3)

The Governor or Deputy Governor 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 Governor or Deputy Governor shall vacate their office as of the day on which the notification of the medical report is published in accordance with this section’s paragraph (2).)

Section 189 (4)

The medical panel to which this section relates shall be appointed by the Speaker of the House of Assembly of the State, and shall comprise five medical practitioners in Nigeria –

(The Speaker of the House of Assembly of the State shall appoint the medical panel to which this section relates, which shall consist of five Nigerian medical practitioners: )

Section 189 (4)(a)

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

(one of whom shall be the personal doctor of the holder of the office in question; and )

Section 189 (4)(b)

four other medical practitioners who have, in the opinion of the Speaker of the House of Assembly, 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 of this section.

(four other medical practitioners who, in the Speaker’s opinion, have attained a high degree of prominence in the field of medicine corresponding to the nature of the examination.)

Section 189 (5)

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

(The phrase “executive council of the State” in this part refers to the group of commissioners of the state government, referred to by any name, that was constituted by the governor and given responsibility for the activities of government as the governor may specify.)

Section 190

Whenever the Governor transmits to the Speaker of the House of Assembly 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 the Speaker of the House of Assembly a written declaration to the contrary such functions shall be discharged by the Deputy Governor as Acting Governor.

(The Deputy Governor will serve in that capacity as Acting Governor whenever the Governor sends the Speaker of the House of Assembly a written declaration that he is leaving on vacation or is otherwise unable to carry out his duties. This will continue until the Governor sends the Speaker of the House of Assembly a written declaration to the contrary.)