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Constitutional Requirements for the Office of a Governor in Nigeria

Nigeria Constitutional Requirements for the Office of a Governor 

Nigeria is known to be one of the nations that are governed by the law. The law has supremacy over everyone and every office in the States and the nation at large. This article will detail the constitutional requirements for the office of a governor in Nigeria. 

The activities and decisions carried out by the President of Nigeria are done in accordance with the constitution of the federal republic of Nigeria 1999. Anything away from the law is regarded as a breach of the Constitution.  Same as the governor of a State in the federation, from the appointment, elections, etc.

We have gathered all the constitutional requirements for the office of a governor in Nigeria in this article, read down to know!

Constitutional Requirements for the Office of a Governor

The Nigeria constitutional requirement for the office of a governor can be seen in the Constitution of the federal republic of Nigeria 1999, Chapter VI, Part II, SECTION 176.

This constitution has given the executive directives from the creation of the office of the governor of a State down to (SECTION 196) the appointment of the State special adviser.

The following is the Nigerian constitution stipulated for the office of a governor of a State in the federation:

 

SECTION 176:

  1. There shall be a Governor for each State of the Federation.
  2. The governor of each state shall be the Chief Executive of that state

 

SECTION 177:

 A person shall be qualified and fit for election to the office of Governor of a State if

(a) he is a Nigerian citizen by birth;

(b) he has reached at least thirty-five years;

(c) he belongs or is a member of a political party and is funded by that political party; and

(d) he has completed education at least a School Certificate level or its equivalent.

 

SECTION 178: 

  1. The Independent National Electoral Commission shall set a date for the holding of the election for Governor of a State.
  2. A State’s governor must be chosen at a primary election that takes place at least sixty days before the current governor’s term expires and no later than thirty days prior to that date.
  3. Due to the disqualification, withdrawal, incapacity, disappearance, or death of the other candidates, the Independent National Electoral Commission may extend the nomination period in cases where one of the two or more candidates nominated for the office of governor of a State remains the only candidate after the close of nomination.
  4. A State is treated as one constituency for the purposes of an election held in accordance with this provision.
  5. Every person who is registered to vote at an election of a member of a legislative house shall be entitled to vote at an election to the office of Governor of a State.

 

SECTION 179:

(1) A candidate for an election to the office of Governor of a State shall be deemed to have been duly elected to a such office where being the only candidate nominated for the election-

(a) He received more “yes” votes than “no” votes in the election; and

 (b) If the sole candidate is not elected in accordance with this subsection, there will be new nominations. He receives at least one-quarter of the votes cast in the election in each of at least two-thirds of the local government areas in the State.

(2) When there are two or more candidates running for governor of a state, one of them will be judged to have been legitimately elected.

(a) he has the highest number of votes cast at the election, and

(b) he has not less than one-quarter of all the votes cast in each of at least two-thirds of all the local government areas in the State.

(3) There will be a second election in accordance with paragraph (4) of this section in the absence of a candidate legally elected in accordance with subsection (2) of this section, at which time there will be no other candidates.

(a)the candidate who received the most votes cast at the election;

(b) One of the remaining candidates who received a majority of votes in the most local government areas in the State; however, in the event that more than one candidate received a majority of votes in the most local government areas, the second-place finisher among them will be declared the winner.

(4) The Independent National Electoral Commission shall arrange for an election between the two candidates within seven days of the outcome of the election held under subsection (2) of this section in the absence of a candidate duly elected under that subsection. A candidate at such an election shall be deemed to have been duly elected to the office of Governor of a State if –

(a) the majority of the votes cast in the election are in his favor; and

(a) In at least two-thirds of the local government areas in the State, he has not less than one-quarter of the votes cast in the election.

(5) A candidate at such an election shall be deemed to have been duly elected to the office of governor of a State if he receives a majority of the votes cast at the election. If a candidate is not declared duly elected under subsection (4) of this section, the Independent National Electoral Commission shall, within seven days of the outcome of the election held under that subsection, arrange for another election between the two candidates to which that sub-paragraph relates.

 

What is Section 208 of the Nigerian Constitution?

(1)The Governor of the State has the authority to appoint individuals to hold or perform the duties of the positions to which this section applies as well as to remove individuals thus appointed from any such office.

(2) The following offices are covered under this section:

(a) Secretary to the State Government;

(b) The State’s head of civil service;

(c) Any Ministry or Department of the Government of the State, whatever designated, with a Permanent Secretary or another chief executive; and

(d) any position on the governor’s personal staff.

(3) An appointment to the office of the Head of the Civil Service of a State shall not be made except among Permanent Secretaries or equivalent rank in the civil service of any State or of the Federation.

(4)The Governor must take into account both the need to foster national unity and the variety of the state’s population while using his appointment authority under this provision.

(5) Any appointment made in accordance with subsection (2) of this section’s paragraphs (a) and (d) shall be made at the Governor’s pleasure and terminate upon the Governor’s resignation:

With the exception that, in cases where a person has been appointed from a State or Federal public service, he will be entitled to return to that service when the Governor leaves office.

 

Requirements for the Office of a Governor

(Requirements for the Office of a Governor) What is Section 42 of the 1999 Constitution of Nigeria?

  (1) A Nigerian citizen of a specific community, ethnic group, place of origin, sexual orientation, religion, or political stance should not:

(a) be subjected to limitations or restrictions that Nigerian citizens of other communities, ethnic groups, places of origin, sex, religions, or political opinions are not made subject to, either expressly or in the practical application of any law in force in Nigeria or any executive or administrative action of the government; or

(b) be given any privilege or advantage that is not given to Nigerian citizens of other communities, ethnic groups, places of origin, sex, religions, or political opinions, either explicitly by any law in force in Nigeria or in the practical application of any such executive or administrative action.

(2) No Nigerian citizen will be subjected to any impairment or deprivation merely as a result of his or her birth circumstances.

(3) Nothing in this section’s subsection (1) shall render any law invalid simply because it places restrictions on who may be appointed to a position within the State, as a member of the Federation’s armed forces, as a member of the Nigerian Police Forces, or to a position within a corporate entity that was directly created by any law currently in force in Nigeria.

 

READ ALSO:

What is Section 37 of the Constitution of the Federal Republic of Nigeria?

The privacy of citizens, their residences, correspondence, telephone calls, and telegraphic communications is hereby secured and preserved, according to Section 37 of Nigeria’s constitution from 1999.

 

What is Section 38 of the Constitution of the Federal Republic of Nigeria?

(1) Every person has the right to freedom of speech, conscience, and religion. This includes the freedom to change one’s religion or belief as well as the freedom to express one’s religion or belief through worship, teaching, practice, and observance (alone or in the community with others, in public or privately).

(2) No person enrolled in any educational institution shall be obliged to participate in or attend any religious ceremony or observance if it is related to a religion other than his own or a religion that has not been approved by his parent or legal guardian.

(3) In any educational facility that is entirely run by a particular religious community or denomination, no such community or denomination shall be prohibited from offering religious instruction to its students.

(4) Nothing in this section grants anybody the right to create, participate in, or join a secret society.

 

Author

  • Michael

    This post is authored by Michael Offiong, an Editor of Recruitment Portfolio. Boasting over a decade of expertise in the recruitment sector, Michael provides up-to-date information on jobs and recruitment topics, career opportunities, and breaking news stories.

One response to “Constitutional Requirements for the Office of a Governor in Nigeria”

  1. Bola Avatar
    Bola

    Nice article

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