I was arguing with colleagues. I said that the president of Nigeria can wake up any day and decide that he is tired of the presidency and tender his resignation to the Senate and nothing stops him from walking away. my colleagues stance is that the president cannot just tender his resignation and walk away that the Senate must summon him to verify the reasons he gave for his resignation. And of his explanations are not satisfactory to them then they can decide to reject his resignation letter. And that if he states his reasons for resignation is on health grounds that he has to be subjected to medical examination to ascertain if it indeed is true. We are still having a debated argument and both our parties agree the constitution experts in nairaland should deliberate on this for resolution.

Lol u think d Nigerian senate will go through all these procedure to honor buhari's wishes? Lmao!!! Infact dey will be happy and stamp it with immediate effect

Cutehector:
Lol u think d Nigerian senate will go through all these procedure to honor buhari's wishes? Lmao!!! Infact dey will be happy and stamp it with immediate effect

Keep Buhari aside. we are talking under ideal conditions

Obinnau:
Keep Buhari aside. we are talking under ideal conditions

wait let me check d constitution

They can decide to ask him but they cannot stop him from resigning.

my colleague is quoting this chapter 5 sections 135 of the Nigerian constitution as proof that the president cannot just walk away.

135.
(1) Subject to the provisions of this Constitution, a person shall hold the office of President until -
(a) when his successor in office takes the oath of that 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 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.
(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 by 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.

I told him this has no substance in the issue but we decided I have to present it. Atleast both of us are looking at this page

He also presented this and I told them this is applicable when the president is about to be impeached due to popular vote, but he would have none of it

143.
(1) The President or Vice-President may be removed from office in accordance with the provisions of this section.
(2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the National Assembly:-
(a) is presented to the President of the Senate;
(b) stating that the holder of the office of President or Vice-President is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified,
the President of the Senate shall within seven days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the National 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 National Assembly.
(3) Within fourteen days of the presentation of the notice to the President of the Senate (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice) each House of the National Assembly shall resolve by motion without any debate whether or not the allegation shall be investigated.
(4) A motion of the National 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 each House of the National Assembly.
(5) Within seven days of the passing of a motion under the foregoing provisions, the Chief Justice of Nigeria shall at the request of the President of the Senate 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 provide 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 and be represented before the Panel by legal practitioners 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 National Assembly; and
(b) within three months of its appointment report its findings to each House of the National Assembly.
( Where the Panel reports to each House of the National 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 at the House the National Assembly shall consider the report, and if by a resolution of each House of the National 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 from office as from the date of the adoption of the report.
(10) No proceedings or determination of the Panel or of the National Assembly or any matter relating thereto 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 of the National Assembly to gross misconduct.
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.
(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.