CONSTITUTIONAL REQUIREMENTS FOR CONTESTING ELECTIONS: OFFICE OF THE PRESIDENCY
General elections in Nigeria are
fast approaching, political parties, candidates, party thugs agents, INEC
and the whole country is immensely interested in how events at the elections
will play out. This post is a first in a series of articles informing about the
constitutional requirements for contesting elections in Nigeria, here we shall
be talking about the office of the President of the Federal Republic of
Nigeria.
The Constitution provides for the
law regarding eligibility into the position of the President and other electoral
positions such as the position of the Governor, Senators and members of the
National and State Assemblies. Section 130 of the 1999 Constitution says that “there
shall be for the Federation, a President” and such “President shall be the Head
of State, the Chief Executive of the Federation and Commander- In –Chief of the
Armed Forces of the Federation”.
law regarding eligibility into the position of the President and other electoral
positions such as the position of the Governor, Senators and members of the
National and State Assemblies. Section 130 of the 1999 Constitution says that “there
shall be for the Federation, a President” and such “President shall be the Head
of State, the Chief Executive of the Federation and Commander- In –Chief of the
Armed Forces of the Federation”.
Qualification to the position of
the President is provided for in Section 131, which states that – A person
shall be qualified for election to the office of President if –
the President is provided for in Section 131, which states that – A person
shall be qualified for election to the office of President if –
- he is a citizen of Nigeria by
birth;
- he has attained the age of forty –
years.
- he is a member of a political
party and is sponsored by that political party; and
- he has been educated up to at
least School Certificate level or its equivalent.
There have been comments on the
age qualification of the President, some believe that the age qualification
should either be reduced to 35 or totally removed from the qualifications for
the position of the President, do you agree? Other also comment that
Independent candidates who are not members of political parties should also be
eligible for candidacy.
age qualification of the President, some believe that the age qualification
should either be reduced to 35 or totally removed from the qualifications for
the position of the President, do you agree? Other also comment that
Independent candidates who are not members of political parties should also be
eligible for candidacy.
It is the duty of INEC to appoint
a date for election into the office of the President and the elections must
hold on a date not earlier than sixty days and not later than thirty days
before the expiration of the term of office of the last holder of that office
as provided in Section 132.
a date for election into the office of the President and the elections must
hold on a date not earlier than sixty days and not later than thirty days
before the expiration of the term of office of the last holder of that office
as provided in Section 132.
A candidate for an election to
the office of President shall be deemed to have been duly elected to such
office where, being the only candidate nominated for the election –
the office of President shall be deemed to have been duly elected to such
office where, being the only candidate nominated for the election –
- he has a majority of YES votes
over NO votes cast at the election; and - he has not less than one –
quarter of the votes cast at the election in each of at least two-thirds of all
the States in the Federation and the Federal Capital Territory, Abuja, but
where the only candidate fails to be elected in accordance with this section,
then there shall be fresh nominations. (section 133)
Section 136 provides that if the
person elected as President dies before taking the Oath of Allegiance and oath
of office, or is for any reason is unable to be sworn in, the person elected as
his Vice-President shall be sworn in as President. However, when both die
before the inauguration of the National Assembly, INEC will have to conduct
fresh elections.
person elected as President dies before taking the Oath of Allegiance and oath
of office, or is for any reason is unable to be sworn in, the person elected as
his Vice-President shall be sworn in as President. However, when both die
before the inauguration of the National Assembly, INEC will have to conduct
fresh elections.
As stated in the Constitution,
the following people are disqualified from seeking elections into the office of
the President-
the following people are disqualified from seeking elections into the office of
the President-
- persons who have voluntarily
acquired the citizenship of another country other than Nigeria
- he has been previously elected as
President twice
- he is under a death sentence
imposed by a competent court of law or tribunal
- within 10 years before elections,
he has been found guilty and sentenced of a crime involving dishonesty or
contravention of the code of conduct.
- he is an undischarged bankrupt
- he is employed into the civil or public
service of the Federation or of any State, he has not resigned or retired from
the employment.
- he is a member of any secret
society
- he has been indicted for
embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative
Panel of Inquiry.
- he has presented a forged
certificate to INEC
- he has been adjudged a lunatic or
person of unsound mind.
The position of the President is a very sensitive one as such person is the leader of the nation, he determines a lot about policy development and execution and as such must be a person with a heart to serve and the drive to move the nation forward. Everyone who is eligible to vote in the coming election is urged to vote wisely and not sell their votes.
Adedunmade Onibokun, Esq
@adedunmade
Adedunmade is a lawyer who
practices in Lagos, Nigeria.
practices in Lagos, Nigeria.