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What Happens In The Event Of The Death Of A President Elect, Before Swearing In? - Politics - Nairaland

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What Happens In The Event Of The Death Of A President Elect, Before Swearing In? by davodyguy: 8:23am On Apr 15, 2015
I've been thinking of different scenarios that may happen and the likely outcome of such possible eventualities.

Gen Buhari is the president Elect.
Prof Osinbajo is the Vice President elect

President Jonathan came second in the recently concluded election
Vice President Sambo also came second along side his principal.

SCENARIO


President elect dies before May 29, Who takes over as President on May 29?

Answer: Definitely Vice President elect, being his running mate, both of who were elected under same Platform.


SCENARIO

Possible death of both President elect and Vice President elect.

Who takes over on May 29th?

Will the winning party be allowed to nominate new representatives, since according to the Nigerian Law, it is the Party that sponsors a candidate, hence the party can substitute. Refer to the case of Amechi vs Celestine Omehia. Celestine won the election as PDP candidate in 2007 election, but was sacked by the supreme court after 29th of May and subsequently replaced by Amechi, who isn't the person that the people voted for. The people voted for Celestine Omehia and not Amechi. The court held that the people actually voted for the party and not candidate.

Will APC be allowed to substitute?

Will PDP candidates that came second be allowed to rule, having not won the election, but circumstances warranted?


Will another Election be conducted, whilst the incumbent continues or an ING be in place?


Lets open mindedly look at possible outcomes.

Please note, I'm not wishing anyone sudden death (More so, I'm a 1000000000% Buhari/Osinbajo supporter and wants them to rule Nigeria again) However, lets just think of what may happen, from another perspective.
Re: What Happens In The Event Of The Death Of A President Elect, Before Swearing In? by ozoigbondu: 8:30am On Apr 15, 2015
lf both of them dies their will be a constituional crises.Unfortunately enough after the death of Justic oputa Judicial activism seems to be dead in Nigeria.No judge wants to be brave enough to tackle a judicial problem by making a new law using case laws rather they depend on Judicial precedence deducted from the constituion.

Since our judicary are incomptent three things might happen
1,INEC will within 30 days conduct a new general elections but before then the north would have started killing themselves and the cables fighting for their intrest.

2,lnterim National Government will be formed.Though ING is alien to our constituion so is what to do if the president elect and his vice dies.The constition which is the grundnorm of all the laws in the nation will be deemed to be faulty and thus will be changed leading to evolution in order to reflect the needs and solve the problem of the society which is why the law is flexible.The lNG will be probably led by one of Northern generals which will organise a new election within 6 months

3,Millitary coup.Constituonal crises usually water the ground for the kahki boys to strike under the guise of protecting the nation.This will lead to suspension of the constition and a legal revolution for the grundnorm i.e the constution has undergone a sudden and unexpected change

But if Nigeria is a sane country Nunmber one will happen

1 Like

Re: What Happens In The Event Of The Death Of A President Elect, Before Swearing In? by davodyguy: 8:31am On Apr 15, 2015
ozoigbondu:
lf both of them dies their will be a constituional crises
Why do you think so? I'm sure there's no constitutional provision for this, but we can always find a way out

1 Like

Re: What Happens In The Event Of The Death Of A President Elect, Before Swearing In? by webincomeplus(m): 8:32am On Apr 15, 2015
Here's the answer as quoted directly from the constitution:

136. (1) If a person duly elected as President dies before taking
and subscribing the Oath of Allegiance and oath of office, or is
for any reason whatsoever unable to be sworn in, the person
elected with him as Vice-President shall be sworn in as
President and he shall nominate a new Vice-President who
shall be appointed by the President with the approval by a
simple majority of the National Assembly at a joint sitting.

(2) Where the persons duly elected as President and Vice
President die or are unable for any reason whatsoever to
assume office before the inauguration of the National Assembly,
the Independent National Electoral Commission shall
immediately conduct an election for a President and the Vice-
President.

www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm

3 Likes

Re: What Happens In The Event Of The Death Of A President Elect, Before Swearing In? by SuperSuave(m): 8:33am On Apr 15, 2015
Stop imagining abeg! sad
Re: What Happens In The Event Of The Death Of A President Elect, Before Swearing In? by datguru: 8:33am On Apr 15, 2015
It will not happen
Re: What Happens In The Event Of The Death Of A President Elect, Before Swearing In? by ayowonder(m): 8:36am On Apr 15, 2015
I will not happen in Jesus name
Re: What Happens In The Event Of The Death Of A President Elect, Before Swearing In? by davodyguy: 8:36am On Apr 15, 2015
webincomeplus:
Here's the answer as quoted directly from the constitution:

136. (1) If a person duly elected as President dies before taking
and subscribing the Oath of Allegiance and oath of office, or is
for any reason whatsoever unable to be sworn in, the person
elected with him as Vice-President shall be sworn in as
President and he shall nominate a new Vice-President who
shall be appointed by the President with the approval by a
simple majority of the National Assembly at a joint sitting.

(2) Where the persons duly elected as President and Vice
President die or are unable for any reason whatsoever to
assume office before the inauguration of the National Assembly,
the Independent National Electoral Commission shall
immediately conduct an election for a President and the Vice-
President.

www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm
wow. nice one. So the runner up can then participate in a fresh election
Re: What Happens In The Event Of The Death Of A President Elect, Before Swearing In? by webincomeplus(m): 8:39am On Apr 15, 2015
davodyguy:
Why do you think so? I'm sure there's no constitutional provision for this, but we can always find a way out

There is actually a constitutional provision. See the quote up there.
Re: What Happens In The Event Of The Death Of A President Elect, Before Swearing In? by menix(m): 8:57am On Apr 15, 2015
Omo leave d constitution out on this one oooo..

If dis happens now nah war ooo, seriously d North will not recognise any of dis constitution abi law..

OR

D military takes ova...
Re: What Happens In The Event Of The Death Of A President Elect, Before Swearing In? by abacusCm(m): 9:24am On Apr 15, 2015
all these your scenereo will not happen by the Grace of Almighty God.Buhari and Osinbajo will not die now to fulfill what God has sent them to do for the masses
Re: What Happens In The Event Of The Death Of A President Elect, Before Swearing In? by Orunto: 9:33am On Apr 15, 2015
If Buhari dies or is lost before May, 29; Goodluck continues. Superior priority of Electorial law prevails.
Re: What Happens In The Event Of The Death Of A President Elect, Before Swearing In? by davodyguy: 9:58am On Apr 15, 2015
Orunto:
If Buhari dies or is lost before May, 29; Goodluck continues. Superior priority of Electorial law prevails.
Can you please educate us with this law?
Re: What Happens In The Event Of The Death Of A President Elect, Before Swearing In? by Orunto: 12:38pm On Apr 15, 2015
I beg. Please let Buhari die naturally first.
Re: What Happens In The Event Of The Death Of A President Elect, Before Swearing In? by SeniorMan715(m): 4:20pm On Mar 01, 2023
Na this thing i just dey think since
abacusCm:
all these your scenereo will not happen by the Grace of Almighty God.Buhari and Osinbajo will not die now to fulfill what God has sent them to do for the masses

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