Zambia

The former Zambian president, Edgar Lungu, collapsed during a public event  and it was later announced that he would need to seek treatment abroad. The procedures following a president’s death are often rather straightforward — as Zambians know all too well having had two presidents die in office since 2008. But what happens when a president falls ill and cannot perform the duties of his office?

In the United States, if a president’s illness makes him unable to discharge his duties, the 25th Amendment to the Constitution provides for the vice president to take over the duties of the president. There are two ways the 25th Amendment can be invoked. According to Section 3 of the amendment, the president can make a written declaration of his inability to discharge his duties. Alternatively, if the president doesn’t voluntarily transfer powers before his incapacitation, according to Section 4 of the amendment, the vice president can, with a majority of the cabinet (or some other such “body as Congress may by law provide”), submit their own written declaration that the president cannot discharge his duties, after which the vice president immediately assumes the powers and duties of the office.

Joint Resolution Proposing the Twenty-fifth Amendment to the United States Constitution, pages 1 and 2. Credit: U.S. National Archives

Despite its relative youth, the Zambian constitution also has provisions for presidential incapacity. In the constitutional provisions for presidential succession, we studied Article 36 of the Zambian constitution, subtitled “Removal of President on Grounds of Incapacity.” According to Article 36, the cabinet can instruct Zambia’s Chief Justice to request a board of doctors to investigate the president’s capacity to carry out his responsibilities. If the board deemed the president incapacitated, the constitution requires a two-thirds vote by the national assembly endorsing the vice president to assume the presidency and call a presidential election within 90 days.

Still, multiple Zambian presidents have fallen ill in office, with no action taken according to Article 36. The most notable case was President Levy Mwanawasa, who suffered a stroke in June 2008 that eventually led to his death two months later. There was no movement by his cabinet in the intervening period between his stroke and death to invoke Article 36. A lone cabinet minister, Ben Tetamashimba, suggested the ruling party look for a successor following Mwanawasa’s stroke and the party leaders and Mwanawasa’s family condemned Tetamashimba’s remarks and he faced disciplinary measures in the party.

Nigeria


What does the Nigerian constitution say about what is expected of a sick president?

Nigeria’s 1999 constitution talks about the health of the office of the president, his incapacity in office, and other relevant requirement on the subject matter.

This is explained in Chapter VI, Section 144. Which says:

Chapter VI, Section 144

(1) The President or Vice-President shall cease to hold office, if –

(a) by a resolution passed by two-thirds majority of all the members of the executive council of the Federation it is declared that the President or Vice-President is incapable of discharging the functions of his office; and

(b) the declaration 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 President of the Senate and the Speaker of the House of Representatives.

(2) Where the medical panel certifies in the report that in its opinion the President or Vice-President 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 President of the Senate and the Speaker of the House of Representatives shall be published in the Official Gazette of the Government of the Federation.

 

Nigerian constitution

(3) The President or Vice-President 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 President of the Senate, 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 President of the Senate, 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.

(5) In this section, the reference to “executive council of the Federation” is a reference to the body of Ministers of the Government of the Federation, howsoever called, established by the President and charged with such responsibilities for the functions of government as the President may direct.

 
NB

Let's stop overheating the polity

We should all allow the constitution to take its place
Enough of unwarranted statement

Is there any limit to the number of days a president is allowed to stay on sick leave?

I'm sure theres a maximum number of days for Osinbajo to be in acting capacity.

A medical panel to be set-up by the senate president, how will they access someone that is not in the country to certify if he is fit or not? Will they be flown abroad to go and perform medical tests in a private hospital at the UK?

The country is already in a dire state; the least of the things needed now is looking for constitutional lawyers to start their individual interpretation of the law. We don't need this now!

why not wait till e happen

ok

thanks for the info... my people perish cos of lack of knowledge.

nice one op

Ikuku

kaykay1980:
why not wait till e happen

Mr president will live long

That we should stop overheating the polity

The constitution takes care of that part

Nigeria case is different.. Can Read that of US and other African countries constitution position compared to "ours'home made? An ambiguous character was seen display, our law makers has been like that right from the days of Lord Lugard..

For how long should Osinbajo stat in an acting capacity, since the return of PMB is indefinite? Sarrki talk

NNVanguard:
For how long should Osinbajo stat in an acting capacity, since the return of PMB is indefinite? Sarrki talk

Check in the Constitution


This is explained in Chapter VI, Section 144. Which says:

Chapter VI, Section 144

(1) The President or Vice-President shall cease to hold office, if.....

sarrki:

Check in the Constitution

This is explained in Chapter VI, Section 144. Which says:
Chapter VI, Section 144
(1) The President or Vice-President shall cease to hold office, if.....

Sorry, no time frame.

NNVanguard:


Sorry, no time frame.

Whose fault brother ?

We have been wasting tax payers money on constitution amendment on the rogues in the hallowed chambers

No one seems to see any fault in them

All we do is to criticize the president blindly

Boss @ Tonyebarcanista I hail thee

Your input is required

The constitution did not prescribe timeline in which a Vice President or Deputy Governor can act in the stead of their principals upon absence due to medical or other reasons.

An example is the case of former Taraba state Governor Dambaba Suntai who was literally incapacitated in October 2012 due to accident, was flown abroad for treatment, and thus unable to perform his function in office.

His then Deputy Garba Umar held sway in acting capacity till the end of the Governor's tenure in 2015.

Having handed to Osinbanjo to act, President Buhari now has the luxury of taking care of his health till he is fit enough till 2019.

sarrki:


Whose fault brother ?

We have been wasting tax payers money on constitution amendment on the rogues in the hallowed chambers

No one seems to see any fault in them

All we do is to criticize the president blindly

But majority of the present house members are your *progressives* , why not effect the change, they made us believe?

TonyeBarcanista:
The constitution did not prescribe timeline in which a Vice President or Deputy Governor can act in the stead of their principals upon absence due to medical or other reasons.

An example is the case of former Taraba state Governor Dambaba Suntai who was literally incapacitated in October 2012 due to accident, was flown abroad for treatment, and thus unable to perform his function in office.

His then Deputy Garba Umar held sway in acting capacity till the end of the Governor's tenure in 2015.

Having handed to Osinbanjo to act, President Buhari now has the luxury of taking care of his health till he is fit enough till 2019.

This is an utopian state indeed

sarrki:
Boss @ Tonyebarcanista I hail thee
Your input is required

Greetings to you! I just did

NNVanguard:



This is an utopian state indeed

Well you have to appreciate different factors.

Nigeria is not matured enough to be able to follow the tenet of Section 144 of the constitution to the letter.

For political stability, it is best we allow an acting arrangement till the President returns or till the end of his tenure.

TonyeBarcanista:
Well you have to appreciate different factors.

Nigeria is not matured enough to be able to follow the tenet of Section 144 of the constitution to the letter.

For political stability, it is best we allow an acting arrangement till the President returns or till the end of his tenure.

Hope he will have the power to sign the budget and swear in the CJN

NNVanguard:

Hope he will have the power to sign the budget and swear in the CJN

He even has the power to fire ministers, service chiefs and declare war

You guys should stop all this excuses..
Nigerians are only asking for simple question, where is our president?

5 mins video would proof people wrong but I dont seems to understand what the government are actually hiding

sarrki:


Nigeria


What does the Nigerian constitution say about what is expected of a sick president?

Nigeria’s 1999 constitution talks about the health of the office of the president, his incapacity in office, and other relevant requirement on the subject matter.

This is explained in Chapter VI, Section 144. Which says:

Chapter VI, Section 144

(1) The President or Vice-President shall cease to hold office, if –

(a) by a resolution passed by two-thirds majority of all the members of the executive council of the Federation it is declared that the President or Vice-President is incapable of discharging the functions of his office; and

(b) the declaration 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 President of the Senate and the Speaker of the House of Representatives.

(2) Where the medical panel certifies in the report that in its opinion the President or Vice-President 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 President of the Senate and the Speaker of the House of Representatives shall be published in the Official Gazette of the Government of the Federation.

 

Nigerian constitution

(3) The President or Vice-President 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 President of the Senate, 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 President of the Senate, 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.

(5) In this section, the reference to “executive council of the Federation” is a reference to the body of Ministers of the Government of the Federation, howsoever called, established by the President and charged with such responsibilities for the functions of government as the President may direct.

 
NB

Let's stop overheating the polity

We should all allow the constitution to take its place
Enough of unwarranted statement

OP you have spoken well.
The first step according to the Constitution you quoted is to make a declaration as stated in (1)(a) above.
My questions are:
Has the incapacitated president or his representative informed the executive council of the federation of his incapacitation?
Who will convene the executive council of the federation?
Has the 2/3 voted been passed?

What I know is Osinbanjo understand the constitution more than us here. It will be very difficult for a group of people to want to twist it against the acting president.

Nigeria is setting some records here.

Acting President of Nigeria
Acting Chief Justice of Nigeria
Acting EFCC Chairman.

There could be more......

https://www.youtube.com/watch?v=jbIqapouttc

Legal, Political Implications Of Buhari’s Extended Medical Leave Pt. 1


https://www.youtube.com/watch?v=IGETXq6J06Q

Legal, Political Implications Of Buhari’s Extended Medical Leave Pt. 2

No shaking...osibanjo is in ground till the general is fit..Nigeria will be great

TonyeBarcanista:
Greetings to you! I just did

The learned have spoken