Constitutional Provision for vacancy in the Presidency| Adedunmade Onibokun

On
the 5^th of May, 2010, President Musa Yar’adua passed-on, thereby
leaving the office of the President of the Federal Republic of Nigeria vacant. Shortly
after, President Goodluck Jonathan, the Vice President at the time, was sworn in
as the President of the Federal republic of Nigeria. This action was in line with
the constitutional provision to that effect.

Upon
vacancy in the office of the President by virtue of any of the instances cited
in the constitution, the law provides for succession. The relevant provision of the constitution which
refers to the above can be found in Section 146.

The
provisions of Section 146 (1) of the Constitution of the Federal Republic of Nigeria
(1999) states that;

(1)
The
Vice-President shall hold the office of President if the office of President
becomes vacant by reason of death or resignation, impeachment, permanent
incapacity or the removal of the President from office for any other reason in
accordance with section 143 of this Constitution.

The above provision of the Constitution seeks to
ensure continuity of government upon the unwelcome demise of a sitting
president. Such as, the aforementioned, untimely death of President Musa Yur’adua
in 2010. In this spirit, the Constitution
also provides for instances when the position of Vice President may also become
vacant. Sub-section (2) provides that;

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

Furthermore,
the constitution provides for instances when the office of the Vice President
is vacant, however, the office of the President is occupied.

(3) Where
the office of Vice-President becomes vacant:-

(a) by
reason of death or resignation, impeachment, permanent incapacity or removal in
accordance with section 143 or 144 of this Constitution;

(b) by
his assumption of the office of President in accordance with subsection (1) of
this section; or

the
President shall nominate and, with the approval of each House of the National
Assembly, appoint a new Vice-President.

As
stated by the Supreme Court in Bakare
v. L.S.C.S.C (1992) 10 SCNJ 173; “the constitution is the source of our
Nigerian laws. The right, privileges and the protection of the citizen are
derived from its provisions. The regulations and rules governing the tenure and
rights of the public officer derive their authority and validity from the
constitution”.

Though, President Yar’adua
is the only Nigerian civilian president to pass away while in office, other
heads of states include Major General Aguiyi-Ironsi, General Murtala Mohammed
and General Sani Abacha.