The 1999 Constitution

Section 191 (1)

The Deputy Governor of a State shall hold the office of Governor of the State if the office of Governor
becomes vacant by reason of death, resignation, impeachment, permanent incapacity or removal of the governor from office for any other reason in accordance with section 188 or 189 of this constitution.

(If the position of governor becomes empty due to a death, resignation, impeachment, permanent disability, or removal of the governor from office for any other cause in line with section 188 or 189 of this constitution, the Deputy Governor of that State will assume the position.)

Section 191 (2)

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

(The Speaker of the House of Assembly of a State will hold the office of the Governor of a State for a period of not more than three months if any vacancy occurs in the situations listed in subsection (1) of this section during a time when the office of Deputy Governor of a State is also vacant. During this time, a new Governor of the State shall be elected and shall take office for the remainder of the term of the previous holder of the office.)

Section 191 (3)

Where the office of the Deputy Governor becomes vacant –

(This section talks about the different situations where the office of the Deputy Governor will become vacant; )

Section 191 (3)(a)

by reason of death, resignation, impeachment, permanent incapacity or removal in accordance with section 188 or 189 of this Constitution;

(this can be due to his death, resignation, impeachment, incapacitating condition, or removal in line with Sections 188 or 189 of this Constitution; )

Section 191 (3)(b)

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

(a person who was Deputy Governor of a State by virtue of his appointment to the office of Governor of a State in line with this Section’s Subsection (1); or )

Section 191 (3)(c)

for any other reason, the Governor shall nominate and with the approval of the House of Assembly of the
State, appoint a new Deputy Governor.

(If for whatever reason, the present Governor of a State nominates and, with the consent of the State House of Assembly, appoints a new Deputy Governor.)

Section 192 (1)

There shall be such offices of Commissioners of the Government of a State as may be established by the
Governor of the State;

(This section grants the Governor of a State the power to create offices of Commissioners of a State.)

Section 192 (2)

Any appointment to the office of Commissioner of the Government of a State shall, if the nomination of any person to such office is confirmed by the House of Assembly of the State, be made by the Governor of that State and in making any such appointment the Governor shall conform with the provisions of section 14(4) of this Constitution.

(If a candidate for the position of Commissioner of the Government of a State is nominated and approved by the State’s House of Assembly, the Governor of that State shall appoint that candidate, and in doing so, the Governor shall abide by the requirements of section 14(4) of this Constitution.)

Section 192 (3)

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

(If a member of a House of Assembly or the National Assembly is nominated as the Commissioner of the Government of a State, his seat in the House of Assembly or the National Assembly will be regarded to have been empty at the time he took the oath of office as the Commissioner.)

Section 192 (4)

No person shall be appointed as a Commissioner of the Government of a State unless he is qualified for
election as a member of the House of Assembly of the State.

(A person cannot be designated as a commissioner of a state’s government unless he is eligible to run for election to the state’s house of assembly.)

Section 192 (5)

An appointment to the office of Commissioner under this section shall be deemed to have been made where no return has been received from the House of Assembly within twenty-one working days of the receipt of nomination, by the House of Assembly.

(If the House of Assembly does not receive a return within twenty-one working days of receiving a nomination, the appointment to the position of Commissioner according to this section will be presumed to have been made.)