Section 176-196 of the Nigerian Constitution 1999

Section 176 to 196 of the Nigerian Constitution 1999

Section 176 to 196 of the Nigerian Constitution 1999 is under A (The Governor of a State) of Part II (State Executive) of Chapter VI (The Executive) of the constitution.

Section 176 of the Nigerian Constitution 1999

Establishment of office of Governor

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

Section 177 of the Nigerian Constitution 1999

Qualification for election as Governor

A person shall be qualified for election to the office of Governor of a State if
(a) he is a citizen of Nigeria by birth;
(b) he has attained the age of thirty-five years;
(c) he is a member of a political party and is sponsored by that political party; and
(d) he has been educated up to at least School Certificate level or its equivalent.

Section 178 of the Nigerian Constitution 1999

Election of Governor: general

(1) An election to the office of Governor of a State shall be held on a date to be appointed by the Independent
National Electoral Commission.
(2) An election to the office of Governor of a State shall be held 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.
(3) Where in an election to the office of Governor of a State one of the two or more candidates nominated for the
election is the only candidate after the close of nomination, by reason of the disqualification, withdrawal,
incapacitation, disappearance or death of the other candidates, the Independent National Electoral Commission shall
extend the time for nomination.
(4) For the purpose of an election under this section a State shall be regarded as one constituency.
(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 of the Nigerian Constitution 1999

Election: single candidate and two or more candidates

(1) A candidate for an election to the office of Governor of a State shall be deemed to have been duly elected to
such office where, being the only candidate nominated for the election-
(a) he has a majority of YES votes over NO votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the local
government areas in the State,
but where the only candidate fails to be elected in accordance with this subsection, then there shall be fresh
nominations.
(2) A candidate for an election to the office of Governor of a State shall be deemed to have been duly elected where,
there being two or more candidates –
(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) In default of a candidate duly elected in accordance with subsection (2) of this section there shall be a second
election in accordance with subsection (4) of this section at which the only candidates shall be –
(a) the candidate who secured the highest number of votes cast at the election; and
(b) one among the remaining candidates who secured a majority of votes in the highest number of local government
areas in the State, so however that where there are more than one candidate with a majority of votes in the highest
number of local government areas, the candidate among them with the next highest total of votes cast at the election
shall be the second candidate.
(4) In default of a candidate duly elected under subsection (2) of this section, the Independent National Electoral
Commission shall within seven days of the result of the election held under that subsection, arrange for an election
between the two candidates and a candidate at such election shall be deemed to have been duly elected to the office
of Governor of a State if –
(a) he has a majority of the votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the local
government areas in the State.
(5) In default of a candidate duly elected under subsection (4) of this section, the Independent National Electoral
Commission shall within seven days of the result of the election held under that subsection, arrange for another
election between the two candidates to which that sub-paragraph relates and a candidate at such election shall be
deemed to have been duly elected to the office of governor of a State if he has a majority of the votes cast at the
election.

Section 180 of the Nigerian Constitution 1999

Tenure of office of Governor

(1) subject to the provisions of this Constitution, a person shall hold the office of Governor of a State until –
(a) When his successor in office takes the oath of that office; or
(b) he dies whilst holding such office; or
(c) the date when his resignation from office takes effect; or
(d) he otherwise ceases to hold office in accordance with the provisions of this constitution.
(2) Subject to the provisions of subsection (1) of this section, the Governor shall vacate his office at the expiration of
period of four years commencing from the date when –
(a) in the case of a person first elected as Governor under this Constitution, he took the Oath of Allegiance and oath
of office; and
(b) the person last elected to that office took the Oath of Allegiance and oath of office or would, but for his death,
have taken such oaths.
(3) If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that
it is not practicable to hold elections, the National Assembly may be resolution extend the period of four years
mentioned in subsection (2) of this section from time to time, but no such extension shall exceed a period of six
months at any one time.

SEE ALSO  Section 35 of the Nigerian Constitution 1999

Section 181 of the Nigerian Constitution 1999

Death, etc. of Governor before oath of office

(1) If a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath of
office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy governor shall
be sworn in as Governor and he shall nominate a new Deputy-Governor who shall be appointed by the Governor
with the approval of a simple majority of the House of Assembly of the State.
(2) Where the persons duly elected as Governor and Deputy Governor of a State die or are for any reason unable to
assume office before the inauguration of the house of Assembly, the Independent National Electoral Commission
shall immediately conduct an election for a Governor and Deputy Governor of the State.

Section 182 of the Nigerian Constitution 1999

Disqualifications

(1) No person shall be qualified for election to the office of Governor of a State if –
(a) subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a
country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, he has made a
declaration of allegiance to such other country; or
(b) he has been elected to such office at any two previous elections; or
(c) under the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise declared to be of unsound mind;
or
(d) he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria or a sentence of
imprisonment for any offence involving dishonesty or fraud (by whatever name called) or any other offence
imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on
him by such a court or tribunal; or
(e) within a period of less than ten years before the date of election to the office of Governor of a State he has been
convicted and sentenced for an offence involving dishonesty or he has been found guilty of the contravention of the
code of Conduct; or
(f) he is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in
Nigeria; or
(g) being a person employed in the public service of the Federation or of any State, he has not resigned, withdrawn
or retired from the employment at least thirty days to the date of the election; or
(h) he is a member of any secret society; or
(i) he has been indicted for embezzlement or fraud by a Judicial Commission of Inquiry or an Administrative Panel
of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law or any other law by
the Federal or State Government which indictment has been accepted by the Federal or State Government; or
(j) he has presented a forged certificate to the independent National Electoral Commission.
(2) Where in respect of any person who has been
(a) adjudged to be a lunatic;
(b) declared to be of unsound mind;
(c) sentenced or declared bankrupt,
(d) adjudged or declared bankrupt,
an appeal against the decision is pending in any court of law in accordance with any law in force in Nigeria,
subsection (1) of this section shall not apply during a period beginning from the date when such appeal is lodged and
ending on the date when the appeal is finally determined or, as the case may be, the appeal lapses or is abandoned,
whichever is earlier.

Section 183 of the Nigerian Constitution 1999

Governor: disqualification from other jobs

The governor shall not, during the period when he holds office, hold any other executive office or paid
employment in any capacity whatsoever.

Section 184 of the Nigerian Constitution 1999

Determination of certain questions relating to elections

The National Assembly shall make provisions in respect of –
(a) persons who may apply to an election tribunal for the determination of any question as to whether
(i) any person has been validly elected to the office of Governor or Deputy Governor,
(ii) the term of office of a Governor or Deputy Governor has ceased, or
(iii) the office of Deputy Governor has become vacant;
(b) circumstances and manner in which, and the conditions upon which such application may be made; and
(c) powers, practice and procedure of the election tribunal in relation to any such application.

Section 185 of the Nigerian Constitution 1999

Declaration of assets and liabilities; oaths of office of Governor

(1) A person elected to the office of the Governor of a State shall not begin to perform the functions of that
until he has declared his assets and liabilities as prescribed in the Constitution and has subsequently taken and
subscribed the Oath of Allegiance and oath of office prescribed in the Seventh Schedule to this Constitution.
(2) The Oath of Allegiance and the oath of office shall be administered by the Chief Judge of the State or Grand
Kadi of the Sharia Court of Appeal of the State, if any or President of the Customary Court of Appeal of the State, if
any, or the person for the time being respectively appointed to exercise the functions of any of those offices in any
State.

Section 186 of the Nigerian Constitution 1999

Establishment of the office of the Deputy Governor

There shall be for each State of the Federation a Deputy Governor.

Section 187 of the Nigerian Constitution 1999

Nomination and election of the Deputy Governor

(1) In any election to which the foregoing provisions of this part of this Chapter relate a candidate for the office
of Governor of a State shall not be deemed to have been validly nominated for such office unless he nominates
another candidate as his associate for his running for the office of Governor, who is to occupy the office of Deputy
Governor; and that candidate shall be deemed to have been duly elected to the office of Deputy Governor if the
candidate who nominated him is duly elected as Governor in accordance with the said provisions.
(2) The provisions of this Part of this Chapter relating to qualification for election, tenure of office, disqualifications,
declaration of assets and liabilities and Oath of Governor shall apply in relation to the office of Deputy Governor as
if references to Governor were references to Deputy Governor.

SEE ALSO  Preamble to the Nigerian Constitutiton 1999

Section 188 of the Nigerian Constitution 1999

Removal of Governor or Deputy Governor from office

(1) The Governor or Deputy Governor of a state may Removal of Governor be removed from office in
accordance with the provisions or Deputy Governor of this section. from office.
(2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the House of
Assembly.
(b) stating that the holder of such office is guilty of gross misconduct in the performance of the functions of his
office, detailed particulars of which shall be specified.
the speaker of the House of Assembly shall, within seven days of the receipt of the notice, cause a copy of the notice
to be served on the holder of the office and on each member of the House of Assembly, and shall also cause any
statement made in reply to the allegation by the holder of the office, to be served on each member of the House of
Assembly.
(3) Within fourteen days of the presentation of the notice to the speaker of the House of Assembly (whether or not
any statement was made by the holder of the office in reply to the allegation contained in the notice-, the House of
Assembly shall resolve by motion, without any debate whether or not the allegation shall be investigated.
(4) A motion of the House of Assembly that the allegation be investigated shall not be declared as having been
passed unless it is supported by the votes of not less than two-thirds majority of all the members of the House of
Assembly.
(5) Within seven days of the passing of a motion under the foregoing provisions of this section, the Chief judge of
the State shall at the request of the speaker of the House of Assembly, appoint a Panel of seven persons who in his
opinion are of unquestionable integrity, not being members of any public service, legislative house or political party,
to investigate the allegation as provided in this section.
(6) The holder of an office whose conduct is being investigated under this section shall have the right to defend
himself in person or be represented before the panel by a legal practitioner of his own choice.
(7) A Panel appointed under this section shall –
(a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by the
House of Assembly; and
(b) within three months of its appointment, report its findings to the House of Assembly.
(8) Where the Panel reports to the House of Assembly that the allegation has not been proved, no further
proceedings shall be taken in respect of the matter.
(9) Where the report of the Panel is that the allegation against the holder of the office has been proved, then within
fourteen days of the receipt of the report, the house of Assembly shall consider the report, and if by a resolution of
the House of Assembly supported by not less than two-thirds majority of all its members, the report of the Panel is
adopted, then the holder of the office shall stand removed form office as from the date of the adoption of the report.
(10) No proceedings or determination of the Panel or of the House of Assembly or any matter relating to such
proceedings or determination shall be entertained or questioned in any court.
(11) In this section –
“gross misconduct” means a grave violation or breach of the provisions of this Constitution or a misconduct of such
nature as amounts in the opinion in the House of Assembly to gross misconduct.

Section 189 of the Nigerian Constitution 1999

Permanent incapacity of Governor or Deputy Governor

(1) The Governor or Deputy Governor of a State shall cease to hold office if
(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
(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.
(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.
(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.
(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 –
(a) one of whom shall be the personal physician of the holder of the office concerned; and
(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.
(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.

Section 190 of the Nigerian Constitution 1999

Acting governor during temporary absence of Governor

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.

SEE ALSO  Section 305-308 of the Nigerian Constitution 1999

Section 191 of the Nigerian Constitution 1999

Discharge of functions of Governor

(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.
(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.
(3) Where the office of the Deputy Governor becomes vacant –
(a) by reason of death, resignation, impeachment, permanent incapacity or removal in accordance with section 188
or 189 of this Constitution;
(b) by his assumption of the office of Governor of a State in accordance with subsection (1) of this section; or
(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.

Section 192 of the Nigerian Constitution 1999

Commissioners of State Government

(1) There shall be such offices of Commissioners of the Government of a State as may be established by the
Governor of the State
(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.
(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.
(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.
(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.

Section 193 of the Nigerian Constitution 1999

Executive responsibilities of Deputy Governor and Commissioners

(1) The Governor of a State may, in his discretion, assign to the Deputy Governor or any Commissioner of the
Government of the State responsibility for any business of the Government of that State, including the
administration of any department of Government.
(2) The Governor of a State shall hold regular meetings with the Deputy Governor and all Commissioners of the
Government of the State for the purposes of –
(a) determining the general direction of the policies of the Government of the State;
(b) co-ordinating the activities of the Governor, the Deputy Governor and the Commissioners of the Government of
the State in the discharge of their executive responsibilities; and
(c) advising the Governor generally in the discharge of his executive functions, other than those functions with
respect to which he is required by this Constitution to seek the advice or act on the recommendation of any other
person or body.

Section 194 of the Nigerian Constitution 1999

Declaration of assets and liabilities; oaths of Commissioners

A Commissioner of the Government of a State shall not enter upon the duties of his office unless he has
declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and subscribed the
oath of Allegiance and the oath for the due execution of the duties of his office prescribed in the Seventh Schedule
to this Constitution.

Section 195 of the Nigerian Constitution 1999

Attorney-General of a State

(1) There shall be an Attorney-General for each State who shall be the Chief Law Officer of the State and
Commissioner for Justice of the Government of that State.
(2) A person shall not be qualified to hold or perform the functions of the office of the Attorney-General of a State
unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for not less than ten
years.

Section 196 of the Nigerian Constitution 1999

Special Advisers

(1) The Governor of a State may appoint any person as a Special Adviser to assist him in the performance of
his functions.
(2) The number of such Advisers and their remuneration and allowances shall be as prescribed by law or by
resolution of the House of Assembly of the State.
(3) Any appointment made pursuant to the provisions of this section shall be at the pleasure of the Governor, and
shall cease when the Governor ceases to hold office.
(4) A person appointed as a Special Adviser under subsection (1) of this section shall not begin to perform the
functions of the office unless he has declared his assets and liabilities as prescribed in this Constitution and has
subsequently taken and subscribed the Oath of Allegiance and the oath of office prescribed in the Seventh Schedule
to this Constitution.

Credit: https://publicofficialsfinancialdisclosure.worldbank.org/sites/fdl/files/assets/law-library-files/Nigeria_Constitution_1999_en.pdf

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Inioluwa Olaposi

Hi, there. I'm Inioluwa, founder of LawHub NG. I study Law at Obafemi Awolowo University, Nigeria. And I am interested in entrepreneurship and human development. Contact me at Inioluwa@lawhub.com.ng.

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