barcanista: Section180.

(1) subject to the provisions of this Constitution, a Tenure of office
person shall hold the office of Governor of a State until - Governor.

(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 -


(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.

Ehen,I don catch u.Interpret this section for us if u can.

barcanista: Section180.

(1) subject to the provisions of this Constitution, a Tenure of office
person shall hold the office of Governor of a State until - Governor.

(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.

And what about this? Where's the 8 years?

Learning a lot on this thread, one of the best in Politics section, Thumbs up to all posters.

modhream:
Ehen,I don catch u.Interpret this section for us if u can.

it literally means A governor Tenure cease after 4 years. In the case of Death/impeachment/resignation, his Deputy takes over to complete the term. Should both vacate office as it was the Adamawa case, a BYELECTION(that means auxillary election) is held to fill the gap and complete the term.

The purpose of by-election is to "fill the gap" and not to start a fresh term(ie 4years)

barcanista: it literally means A governor Tenure cease after 4 years. In the case of Death/impeachment/resignation, his Deputy takes over to complete the term. Should both vacate office as it was the Adamawa case, a BYELECTION(that means auxillary election) is held to fill the gap and complete the term.

The purpose of by-election is to "fill the gap" and not to start a fresh term(ie 4years)

So where in the constitution did it say that a governor's term must be 4 years? Also show me where it says 2 tenures must be 8 years? Do you even know that a tenure can be 4 years and 6 months in some special circumstances?

You've also not interpreted section 182, subsection 1(b) for us.

The constitution is very clear, you cannot contest in a gubernatorial election if you've won the two previous gubernatorial elections.

barcanista: it literally means A governor Tenure cease after 4 years. In the case of Death/impeachment/resignation, his Deputy takes over to complete the term. Should both vacate office as it was the Adamawa case, a BYELECTION(that means auxillary election) is held to fill the gap and complete the term.

The purpose of by-election is to "fill the gap" and not to start a fresh term(ie 4years)

Stop lying even to yourself,just admit u are way out of ur depth here.Section 180(1)a refers to "successor in office",not necessarily the deputy.While subsection 2(1) says a term is only 4years,2(1)a says it starts from the day the elected took the Oaths of Office n Allegiance.Subsection 2(1)b,being the crux,says 4years from the day the person elected/being succeeded took or would have taken,but for the reason of death.
Nyako,the person being succeeded here,had his second term running from 2011.Anybody succeeding him via election is reckoned to have spent 4 years,tho he only completes Nyako's term.
I know u well comprehend that section,stop being smart by half.You've bn caught out,admit it n move on.
Why do u think the likes of Ribadu n Gundiri agreed to step down their ambitions in order to have the opportunity of running for a full term?.They quite understand the implication of this section n others.

Barcanista, let me disabuse that 4/8 years from your mind. Let's use Fayose as a case study. He contested in the 2003 election and won but didn't complete his 4 years before he was deposed. Now he contested in 2014 and won. How many years (total years) will he have ruled as governor after the expiration of this tenure?

What will happen is Þhat the winner IF he/she seek for a 2nd term in 2019, he will occupy the office for 3 yrs and 8 months(same with Jonathan). Nobody will stay a day longer than 8years in office of President or Governor and nobody shall be denied less than 8years. I foresee constitutional amendment and legal tussle. Because the same constitution said...
1. 8years in office maximum
2. It still said a person shall not seek for reelection after winning two elections for the seat of governor or president(the byelection may be argued)

The governor that wins the byelection assuming he wins 2015 may argue that denying him 2019 contravenes his fundamental right and the constitution. But should he be allowed and win 2019, it means he will hold office for 8years and 4months which is against the constitution.
From what I see, I believe the 4months will be included as part of the the 8years maximum for the eventual winner.

I see Jonathan's tenure and 2015 eligibility challeneged in court(but he will win the case in part)

Obinoscopy: Barcanista, let me disabuse that 4/8 years from your mind. Let's use Fayose as a case study. He contested in the 2003 election and won but didn't complete his 4 years before he was deposed. Now he contested in 2014 and won. How many years (total years) will he have ruled as governor after the expiration of this tenure?

his term started in 2003 when he was first sworn in(it was the same thing said to Ladoja in 2007 when he sought to make up for the 11months of Akala's rule.
I'm not a lawyer but I knw that the governor will be sued to court orr he will go to court for interpretation. That "TERM" means 4years from the first day of swearing an oath according to the constitution. But I wl seek opinion of some lawyer friens

barcanista: What will happen is Þhat the winner IF he/she seek for a 2nd term in 2019, he will occupy the office for 3 yrs and 8 months(same with Jonathan). Nobody will stay a day longer than 8years in office of President or Governor and nobody shall be denied less than 8years. I foresee constitutional amendment and legal tussle. Because the same constitution said...
1. 8years in office maximum
2. It still said a person shall not seek for reelection after winning two elections for the seat of governor or president(the byelection may be argued)

The governor that wins the byelection assuming he wins 2015 may argue that denying him 2019 contravenes his fundamental right and the constitution. But should he be allowed and win 2019, it means he will hold office for 8years and 4months which is against the constitution.
From what I see, I believe the 4months will be included as part of the the 8years maximum for the eventual winner.

I see Jonathan's tenure and 2015 eligibility challeneged in court(but he will win the case in part)

Jonathan's case is different because he only contested for president once (in 2011). He didn't contest for any presidential election after Yar Adua's death.

barcanista: his term started in 2003 when he was first sworn in(it was the same thing said to Ladoja in 2007 when he sought to make up for the 11months of Akala's rule.
I'm not a lawyer but I knw that the governor will be sued to court orr he will go to court for interpretation. That "TERM" means 4years from the first day of swearing an oath according to the constitution. But I wl seek opinion of some lawyer friens

Wrong.
He cannot go to court for any other interpretation,his first term is over n done with.Whether he completed it by himself or had it completed for him by a deputy or some other is of no matter.He's going to be running his SECOND term of four years only.
Again,the Constitution never said one MUST complete a tenure of 8yrs.Only that one is ENTITLED to an 8-year tenure of 4yrs each term.
Learn to differentiate between those two words.Their meanings are vastly different from one another.
Back to topic,any elected governor completing Nyako's term is eligible to contest n be elected in only one more election,nothing more.

Obinoscopy: Jonathan's case is different because he only contested for president once (in 2011). He didn't contest for any presidential election after Yar Adua's death.

it goeas beyond seeking election two times for same office. Section 135 (2)(b) of the 1999 constitution (as amended) says: "Subject to the provisions of subsection (1) of this section, the President shall vacate his office at the expiration of a period of four years commencing from the date, when - in any other case, the person last elected to that office under this constitution took the Oath of Allegiance and Oath of Office or would, but for his death, have taken such oaths". Of course, the phrase "in any other case" refers to various situations where a Nigerian citizen gets sworn-in as President without contesting and winning an election. Dr. Jonathan was sworn-in as President on May 6, 2010 without contesting and winning an election.
Like I said this matter will be dragged in the courts and I see some amendments to our laws(my opinion and several legal luminaries hold this view)

barcanista: it goeas beyond seeking election two times for same office. Section 135 (2)(b) of the 1999 constitution (as amended) says: "Subject to the provisions of subsection (1) of this section, the President shall vacate his office at the expiration of a period of four years commencing from the date, when - in any other case, the person last elected to that office under this constitution took the Oath of Allegiance and Oath of Office or would, but for his death, have taken such oaths". Of course, the phrase "in any other case" refers to various situations where a Nigerian citizen gets sworn-in as President without contesting and winning an election. Dr. Jonathan was sworn-in as President on May 6, 2010 without contesting and winning an election.
Like I said this matter will be dragged in the courts and I see some amendments to our laws(my opinion and several legal luminaries hold this view)

Who was last elected before May 6,Jonathan or Yar'Adua?.
'Sides,we are discussing a situation where election is called to fill an office vacant before it's term is due.Stop muddling up issues,comparing apples n oranges.
Jonathan was not first elected when he took office 2010,he completed Yar 'Adua's tenure by virtue of being No.2 on the ticket without which Yar'Adua wouldn't have qualified for election in the first place.
Were it Ngilari succeeding Nyako,this particular section of the Constitution wouldn't have bn activated in the first place.There's a reason it was placed there.

modhream:
Get off ur lazy-ass,get the Constitution,read and be informed.Stop making a show of ur ignorance here.

You are the one being ignorant.

My reference simply points at bye-election, while you were arguing an accepted part of the constitution. Before you start rolling out your drums of insults, kindly go through the thread again. I detest it when people try to sound intelligent by insulting others when corrected.

i foresee any gentleman agreement not backed by law been challenged in the court of law by the next next governor,crisis looms in the state.
Sadly our top lawyers,because of what they intend to gain are not saying anything now, I'm sure they're already compiling application letters to defend the incoming gov if the PDP/INEC wishes to conduct another election next.... the loopholes in our constitution is about been put to test again

barcanista: it goeas beyond seeking election two times for same office. Section 135 (2)(b) of the 1999 constitution (as amended) says: "Subject to the provisions of subsection (1) of this section, the President shall vacate his office at the expiration of a period of four years commencing from the date, when - in any other case, the person last elected to that office under this constitution took the Oath of Allegiance and Oath of Office or would, but for his death, have taken such oaths". Of course, the phrase "in any other case" refers to various situations where a Nigerian citizen gets sworn-in as President without contesting and winning an election. Dr. Jonathan was sworn-in as President on May 6, 2010 without contesting and winning an election.
Like I said this matter will be dragged in the courts and I see some amendments to our laws(my opinion and several legal luminaries hold this view)

Jike like modhream said, you're muddling up issues.

Now let me try and elucidate my point to you:

Section 182, 1(b) states that one cannot contest for a gubernatorial election if he had contested and won two previous gubernatorial elections.

Now if the person wins, section 180 (135 for presidency) subsection 2 spells out 4 years as his tenure

However that 4 years should be interpreted correctly.

The four years starts counting after the winner of the election takes the oath of office. Even if he dies and his deputy takes over, the time is still counting (180, 2b). Now because the deputy didn't contest an election for governor, that time isn't counting for him but for the former governor (who was elected).

But if both governor and deputy are impeached/removed or dies when the house of assembly has been inaugurated. Or if both governor and deputy dies before the inauguration of the house of assembly. In both scenario, elections will be conducted, a bye-election for the former (190, 2) and a general election for the later (180, 2). Now the 4 years will still be counting since someone who had won an election earlier took an oath of office or would have if not for his death (and the absence of an inaugurated house of assembly) see section 180, 2b. The only difference between the counting in this paragraph and the one in the preceding paragraph is that it will be against the newly elected governor and not the removed governor.

@Obinoscopy we need to be mindful how we interprete the constitution.
A gov/dep are on a Joint ticket, the law assume that both are eligible for the seat of governor. Let's look @ the case of Boni Haruna. Atiku won the guber of Adamawa in 99, Haruna was the gov-elect. Obj nominated Atiku as VP, Haruna went to court that he be sworn in as Gov, but some argued that he was elected deputy not gov(remember they av nt taken oath of office). The Court ruled that the ticket is joint hence, Haruna automatically assumes Gov-elect and be sworn in. Haruna ruled between 1999 and 2007. He sought relection(as a candidate once in 2003) after that he left. According to the law, you can't spend an hour beyond a maximum 8years as Governor or President. Succession as deputy counts.

By the provisions of Section 135 (1) & (2) of the Constitution of the Federal Republic of Nigeria, 1999, no President can take the Oath of Office more than twice. President Jonathan first took the Oath of Office on the 6th May, 2010, as President after the death of late President Umaru Musa Yaradua. President Jonathan then took another Oath of Office on the 29th May, 2011, after INEC had declared him the winner of the Presidential Election held on the 16th April, 2011.

Section 135 (1) & (2) of the Constitution provide thus:

“(1) Subject to the provisions of this Constitution, a person shall hold the office of President until – (a) his successor in office takes the oath of office; (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 President shall vacate his office at the expiration of a period of four years commencing from the date, when – (a) in the case of a person first elected as President under this Constitution, he took the Oath of Allegiance and the Oath of office; and (b) in any case, the person last elected to that office under this Constitution took the Oath of Allegiance and the Oath of office but for his death, have taken such oaths”.

President Jonathan was elected Vice-President in 2007. However became President on the 6th May, 2010, to complete the tenure of President Umaru Musa Yar’adua which would have expired on the 28th May, 2011. It goes without saying that President Jonathan inherited the tenure of President Yaradua. After President Jonathan became President on the 6th May, 2010, he is deemed to have been “First elected” to come under the contemplation of Section 135 (1) (b) of the Constitution. Ordinarily President Jonathan would have been deemed “First elected” on the 29th May, 2011, if he had not become President on the 6th May, 2010. President Jonathan did not become Vice President by selection. He was elected Vice President. He contested the Presidential Election of 2007 alongside the then President Yar’adua. He was then regarded as an associate of President Yar’adua. He cannot extricate himself from President Yaradua’s tenure. After he took over as President on the 6th May, 2010 he was deemed to have continued with the term or tenure of President Yaradua. That tenure ended on the 29th May, 2011. The relevant provisions of the Constitution especially Sections 130, 132, 134, 137, 141, 142, 143, 144 and 146 thereof must be interpreted or construed holistically not in isolation from one another.

Now there is a legal issue of a person shall hold office for not more than 8years. This is what the Jonathan team(or anyone) will argue on. Like I said, learned lawyers are divided over this. The Supreme Court will be the battlefield

barcanista: By the provisions of Section 135 (1) & (2) of the Constitution of the Federal Republic of Nigeria, 1999, no President can take the Oath of Office more than twice

Pardon my inability to comprehend but can you quote the exact part of that section 135 (1) and (2) where it was specifically stated that no president can take oath of office MORE THAN TWICE?

AdeniyiA: i foresee any gentleman agreement not backed by law been challenged in the court of law by the next next governor,crisis looms in the state.
Sadly our top lawyers,because of what they intend to gain are not saying anything now, I'm sure they're already compiling application letters to defend the incoming gov if the PDP/INEC wishes to conduct another election next.... the loopholes in our constitution is about been put to test again

You just nibbled on my thoughts.

Just to notify you, there will be a gubernatorial election in Adamawa state next year, and that state will be a legal battlefield.

And @Barcanista, if, by some magic wand, you were able to establish that one cannot take oath of office more than twice then you've unfortunately succeeded in confusing yourself and shooting yourself in the foot concerning our main argument which concerns Adamawa.

Whoever wins this bye-election in Adamawa would take oath of office this year. So it inevitably means that if he contests and wins the 2015 main elections as well, he would have taken oath of office twice and thus will be ineligible to contest for 2019 elections.

I used your premise (which is wrong by the way) to prove my argument (which is right based on my own premise) .

My Oga Barcanista, you should give up on this argument.... You wan do like Jmain ba!

Section 182, 1(b) states that one cannot contest for a gubernatorial election if he had contested and won two previous gubernatorial elections.

Is there any part of the constitution that says a candidate MUST complete a 4 year term?

arewanationz: My Oga Barcanista, you should give up on this argument.... You wan do like Jmain ba!

Section 182, 1(b) states that one cannot contest for a gubernatorial election if he had contested and won two previous gubernatorial elections.

Is there any part of the constitution that says a candidate MUST complete a 4 year term?

Thanks for making section 182, 1(b) bold for him to read and understand. Perhaps I should have bolded mine earlier, a mistake on my part. Who knows, maybe this argument would have ended a long time ago

He keeps on dodging that section of our 1999 constitution (as amended).

Obinoscopy: Thanks for making section 182, 1(b) bold for him to read and understand. Perhaps I should have bolded mine earlier, a mistake on my part. Who knows, maybe this argument would have ended a long time ago

He keeps on dodging that section of our 1999 constitution (as amended).

Uw...

I'm glad that he prolonged the argument which made some of us learnt few things from your posts.

arewanationz: My Oga Barcanista, you should give up on this argument.... You wan do like Jmain ba!
Section 182, 1(b) states that one cannot contest for a gubernatorial election if he had contested and won two previous gubernatorial elections.
Is there any part of the constitution that says a candidate MUST complete a 4 year term?

Obinoscopy: And @Barcanista, if, by some magic wand, you were able to establish that one cannot take oath of office more than twice then you've unfortunately succeeded in confusing yourself and shooting yourself in the foot concerning our main argument which concerns Adamawa.

Whoever wins this bye-election in Adamawa would take oath of office this year. So it inevitably means that if he contests and wins the 2015 main elections as well, he would have taken oath of office twice and thus will be ineligible to contest for 2019 elections.

I used your premise (which is wrong by the way) to prove my argument (which is right based on my own premise) .

I have gone back to read the provisions you stated, I was wrong on the reelection. Thanks for the education but I see Lawyers goint to court to argue that the governor has not enjoyed 8years frm swearing an oathe on the first day. I'm a Public Relations Practitioner and political/constitutional observer not a legal person. I am glad for your input.

Thanks obinoscopy and arewa

arewanationz:

Uw...

I'm glad that he prolonged the argument which made some of us learnt few things from your posts.

I am glad too that I have learnt something and should look into other sections without holding on to just one. I guess sme learned professionals may be divided. However, I foresee some1 going to court(rightly or wrongly)

barcanista: I have gone back to read the provisions you stated, I was wrong on the reelection. Thanks for the education but I see Lawyers goint to court to argue that the governor has not enjoyed 8years frm swearing an oathe on the first day. I'm a Public Relations Practitioner and political/constitutional observer not a legal person. I am glad for your input.

Thanks obinoscopy and arewa

Thanks for your sportmanship in this argument. Your posts display maturity and intelligence. I joined this forum because of people like you.

I've also learned a few things from you during the course of this argument. The Boni Haruna's case really got me thinking wrt Jonathan's reelection bid. I think we really need to discuss this further when we're a bit free. I'll also like to get Modhream's view, along other nler's views, on this matter.

Once again, weldone sir. I doff my hat.

barcanista: I have gone back to read the provisions you stated, I was wrong on the reelection. Thanks for the education but I see Lawyers goint to court to argue that the governor has not enjoyed 8years frm swearing an oathe on the first day. I'm a Public Relations Practitioner and political/constitutional observer not a legal person. I am glad for your input.

Thanks obinoscopy and arewa

That's the man!

barcanista: I have gone back to read the provisions you stated, I was wrong on the reelection. Thanks for the education but I see Lawyers goint to court to argue that the governor has not enjoyed 8years frm swearing an oathe on the first day. I'm a Public Relations Practitioner and political/constitutional observer not a legal person. I am glad for your input.

Thanks obinoscopy and arewa

That's the man! Learnt a lot from this thread.

Obinoscopy: Thanks for your sportmanship in this argument. Your posts display maturity and intelligence. I joined this forum because of people like you.

I've also learned a few things from you during the course of this argument. The Boni Haruna's case really got me thinking wrt Jonathan's reelection bid. I think we really need to discuss this further when we're a bit free. I'll also like to get Modhream's view, along other nler's views, on this matter.

Once again, weldone sir. I doff my hat.

you made a lot ot us remain on this thread. I foresee someone preparing to take the President to court too arguing that he's ineligible to contest.
Another brewing case is that of Taraba State Acting Governor Umar. He has been acting since 2012(if guess so) with the substanstive still sick.he's most likely clinching the ticket, the question is,
1. Will 2015 be his FIRST term? According to the law he is still a Dep. Governor
2. Some will argue that he has been performing the function since 2012.
3. Will the ruling on Haruna have effect? Some may argue that the joint ticket of Dambaba Suntai and Umar come into play. In this case Jonathan's tenure will be counted from Feb 2010 when he swore as acting rather than May 6, 2010 when he was made substanstive.
4. Can he perform in the same office for 13years?

Pls your opinion

saintneo:

That's the man! Learnt a lot from this thread.

thanks 2 you too...

barcanista: I am glad too that I have learnt something and should look into other sections without holding on to just one. I guess sme learned professionals may be divided. However, I foresee some1 going to court(rightly or wrongly)

This is so obvious with our flawed electoral laws.

barcanista: you made a lot ot us remain on this thread. I foresee someone preparing to take the President to court too arguing that he's ineligible to contest.
Another brewing case is that of Gombe State Acting Governor Umar. He has been acting since 2012(if guess so) with the substanstive still sick.he's most likely clinching the ticket, the question is,
1. Will 2015 be his FIRST term? According to the law he is still a Dep. Governor
2. Some will argue that he has been performing the function since 2012.
3. Will the ruling on Haruna have effect? Some may argue that the joint ticket of Dambaba Suntai and Umar come into play. In this case Jonathan's tenure will be counted from Feb 2010 when he swore as acting rather than May 6, 2010 when he was made substanstive.
4. Can he perform in the same office for 13years?

Pls your opinion

Taraba state.