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Constitution Has No Provision For Impeachment Of Acting President - Politics - Nairaland

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Constitution Has No Provision For Impeachment Of Acting President by sarrki(m): 12:36am On Jul 09, 2017
The House of Representatives and its leadership are not keen in joining the Senate in the ongoing standoff between the Red Chambers of the National Assembly and the Presidency, The Nation gathered yesterday.

The Senate is locked in a battle of wits with the executive after refusing, on Tuesday, to consider the nomination of Mr. Lanre Gbajabiamila as Director General of the National Lottery Commission (NLC), and its insistence on the removal of the acting chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu, whose confirmation it had earlier rejected.

The Senate passed a resolution blocking further consideration and confirmation of appointments referred to it by the Buhari administration until further notice.



At a point during the debate, some senators launched a move to make Senate President Bukola Saraki acting president of the country.

The move however failed with many Nigerians deploring the action of the Senators as out of order and an affront on the citizens.

Besides, an alleged plot by the Senate to impeach Acting President Yemi Osinbajo seems to have hit a dead end following the realisation that the 1999 constitution makes no provision for the impeachment of an Acting President.

Highly placed sources in the House of Representatives said yesterday that its members were no less shocked as other Nigerians by the action of the Senators.

The sources said Reps were not on the same page with the Senate in the battle with the presidency.

Speaker Yakubu Dogara and other principal officers are said to have resolved to stay away from what one of the sources described as an ego fight by the Senate.



Some members of the House consider some matters raised on the floor of the Senate as “too personal.”

A principal officer of the House said: “We are not on the same page with the Senate on what we see as an ego fight. The Speaker and his team have decided not to join the battle between the Senate and the presidency.

“We actually met and opted out of the fray because it has degenerated to ego politics, especially on the issue of confirmation of nominees from the Executive.

“We believe that there are issues which should be left to the court to decide in line with the principle of separation of powers.

“We do not want Nigerians to look at us as if we are fighting for the sake of power and ego.’’

The source said the Reps would rather join issues with the Executive if it fails to implement the budget or other state matters that have direct impact on Nigerians.

“We will tackle the Executive on roads, employment, affordable health care, good education, and basic needs for the citizenry,’’ he said.

“The way the ego fight is going, Nigerians are beginning to cast aspersions on members of the National Assembly. We are being misunderstood by Nigerians; they are getting agitated against us. Yet, we are really working hard but the backlash of the resentment of the public against the Senate is also affecting members of the House.”

Another ranking member of the House said: “Some of us are disturbed that certain issues in the Senate are getting personal. For instance, it was too early for the Senate to take a decision on the recall process against a Senator.

“If a Senator has a problem with his constituents, let him go and resolve it. How did the motion on the floor put the food on the table of Nigerians?

“In some instances, some Senators use derogatory words in the chamber against the Executive. We cannot follow such a legislative action.”

It was learnt that a similar move against the Executive, especially the Acting President, was to be made on the floor of the House last Tuesday but it did not work out.

“I think Dogara prefers engagement with the presidency to confrontation. This approach has made the Villa to be at home with him. He has an exceptional maturity to issues,’’ another source said.

“And the presidency has been consulting Dogara constantly on grey areas or points of disagreement,” the source, a Rep from the South-South added.

A respected member from the South-East said: “Some of us have really met with the Speaker and we discovered that we share the same vision not to join the personal war between some Senators and the presidency.

“Some of those bankrolling this conspiracy against the presidency have skeletons in their cupboards. Some of them feel bigger than the Senate having controlled much money at the state level before.

“We told some Senators to keep off the House because we won’t support any plot against the presidency.”

Investigation in Abuja revealed last night that the Senate might have hit a roadblock following discovery that there is no provision in the 1999 Constitution for the impeachment of an Acting President.

The National Assembly can only remove a sitting President or Vice President based on Section 143 of the constitution.

A top source said: “The Senators plotting the removal of the Acting President are not even aware that they cannot remove an Acting President. If they are after Prof. Yemi Osinbajo, they should wait till he reverts to his position as the Vice President.

‘’The only option the Senators have now is to serve an impeachment notice on President Muhammadu Buhari, which will be suicidal.

“This is why the Senators must be circumspect or else they will plunge the nation into crisis.

“Even northerners backing the subtle impeachment agenda should appreciate the fact that President Buhari is actually the ultimate target of all the threats from the Senate.

“Let them go through Section 143 before going ahead with their impeachment plot of which kite was flown on Tuesday.”

Following the negative reactions to the Tuesday drama in the Senate, its President, Dr. Saraki on Thursday night held a secret meeting with Acting President Osinbajo.

The meeting was also preceded by a visit to the Acting President by the National Chairman of the All Progressives Congress (APC), Chief John Odigie-Oyegun, who said he has advised the Senate leadership to prevail on Senators to lie low in order not to plunge the nation into crisis.

Sources said Saraki met with Osinbajo on “some developments in the Senate during the week, including the suspension of the consideration of further nominations by the Executive in protest against the retention of the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu, and the impeachment threats by some Senators.

Section 143 says: “The President or Vice President may be removed from office in accordance with the provisions of this section.

“Whenever a notice of any allegation in writing signed by not less than one-third of the members of the National Assembly is (a) 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.”


http://thenationonlineng.net/dogara-reps-shun-senates-battle-presidency/
Re: Constitution Has No Provision For Impeachment Of Acting President by sarrki(m): 12:40am On Jul 09, 2017
Crownwealth019 come and see that your saraki can do nothing .
Re: Constitution Has No Provision For Impeachment Of Acting President by Blue3k(m): 1:04am On Jul 09, 2017
Dude he'll be impeached as vice president. Don't over think the issue by getting caught in semantics and jargon. Buhari is president right no question. Osinbajo is vice president in role as Acting President. Osibanjo doesn't become president officially unless Buhari is impeached, resigns or dies.

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Re: Constitution Has No Provision For Impeachment Of Acting President by sarrki(m): 1:06am On Jul 09, 2017
Blue3k:
Dude he'll be impeached as vice president. Don't over think the issue by getting caught in semantics and jargon. Buhari is president right no question. Osinbajo is vice president in role as Acting President. Osibanjo doesn't become president officially unless Buhari is impeached, resigns or dies.

Investigation in Abuja revealed last night that the Senate might have hit a roadblock following discovery that there is no provision in the 1999 Constitution for the impeachment of an Acting President.

The National Assembly can only remove a sitting President or Vice President based on Section 143 of the constitution.

A top source said: “The Senators plotting the removal of the Acting President are not even aware that they cannot remove an Acting President. If they are after Prof. Yemi Osinbajo, they should wait till he reverts to his position as the Vice President.

‘’The only option the Senators have now is to serve an impeachment notice on President Muhammadu Buhari, which will be suicidal.

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Re: Constitution Has No Provision For Impeachment Of Acting President by tooth4tooth: 1:24am On Jul 09, 2017
Bunch of adults with children mentality.This eight senate just like to do things beyond border.

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Re: Constitution Has No Provision For Impeachment Of Acting President by tooth4tooth: 1:32am On Jul 09, 2017
Blue3k:
Dude he'll be impeached as vice president. Don't over think the issue by getting caught in semantics and jargon. Buhari is president right no question. Osinbajo is vice president in role as Acting President. Osibanjo doesn't become president officially unless Buhari is impeached, resigns or dies.
Can you just go over the post again? This time ,pay absolute attention.

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Re: Constitution Has No Provision For Impeachment Of Acting President by sarrki(m): 1:35am On Jul 09, 2017
tooth4tooth:
Can you just go over the post again? This time ,pay absolute attention.

grin
Re: Constitution Has No Provision For Impeachment Of Acting President by BlowBack: 1:38am On Jul 09, 2017
sarrki:
Crownwealth019 come and see that your saraki can do nothing .

Are you this daft?

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Re: Constitution Has No Provision For Impeachment Of Acting President by sarrki(m): 1:41am On Jul 09, 2017
BlowBack:


Are you this daft?

Mr knowledgeable tell us since you know everything

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Re: Constitution Has No Provision For Impeachment Of Acting President by BlowBack: 1:41am On Jul 09, 2017
sarrki:


[s]Investigation in Abuja revealed last night that the Senate might have hit a roadblock following discovery that there is no provision in the 1999 Constitution for the impeachment of an Acting President.

The National Assembly can only remove a sitting President or Vice President based on Section 143 of the constitution.

A top source said: “The Senators plotting the removal of the Acting President are not even aware that they cannot remove an Acting President. If they are after Prof. Yemi Osinbajo, they should wait till he reverts to his position as the Vice President.

‘’The only option the Senators have now is to serve an impeachment notice on President Muhammadu Buhari, which will be suicidal.[/s]

Yemi Osinbanjo was elected as VP.

The position of acting President comes second.

Yemi Osinbanjo can stand impeachment whether as VP or acting President as when he functions as acting President he is doing that on behalf of the President and where he errs in the discharge of his duties he will be impeached whether as VP or acting President!

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Re: Constitution Has No Provision For Impeachment Of Acting President by SuperS1Panther: 1:42am On Jul 09, 2017
Saraki and his Ali baba bandits in the desecrated hallow chambers are bunch of clowns.

Venezuelan treatment awaits them in days to come.

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Re: Constitution Has No Provision For Impeachment Of Acting President by BlowBack: 1:44am On Jul 09, 2017
sarrki:


Mr knowledgeable tell us since you know everything

All protocols aside, Yemi Osinbanjo still remains the VP.

Even if we want to go by verbitim, the letter Buhari sent to the senate did not transfer power to Osinabnjo as acting President as it was not communicated in the said letter.


Stop grasping at straws!

Besides, plans are on the way to quickly re-start and conclude the legal suit Buhari is facing for certificate forgery from where both Buhari and Osinbanjo will be declared not qualified to run for office.

The courts will be used to chase Osinbanjo out

1 Like

Re: Constitution Has No Provision For Impeachment Of Acting President by sarrki(m): 1:47am On Jul 09, 2017
BlowBack:


All protocols aside, Yemi Osinbanjo still remains the VP.

Even if we want to go by verbitim, the letter Buhari sent to the senate did not transfer power to Osinabnjo as acting President as it was not communicated in the said letter.


Stop grasping at straws!

Besides, plans are on the way to quickly re-start and conclude the legal suit Buhari is facing for certificate forgery from where both Buhari and Osinbanjo will be declared not qualified to run for office.

The courts will be used to chase Osinbanjo out


He's in acting capacity


Having said that only Nigerians are allowed to comment on this

1 Like

Re: Constitution Has No Provision For Impeachment Of Acting President by Blue3k(m): 1:49am On Jul 09, 2017
tooth4tooth:
Can you just go over the post again? This time ,pay absolute attention.

The arguements posted are only compelling to people who don't understand basic words like acting.

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Re: Constitution Has No Provision For Impeachment Of Acting President by CharlotteFlair: 1:55am On Jul 09, 2017
sarrki:



He's in acting capacity


Having said that only Nigerians are allowed to comment on this
Sarrki I see the guy you quoted threw you off balance with his retort. Don't worry, this small garri they put in your mouth will soon be taken away from you either when the vegetable finally decomposes or Apc is sent packing in 2019.
The fear of Saraki is the beginning of wisdom in APC.

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Re: Constitution Has No Provision For Impeachment Of Acting President by Baawaa(m): 3:05am On Jul 09, 2017
Saraki and Melaye will sink this senate
Re: Constitution Has No Provision For Impeachment Of Acting President by nwamehn: 3:49am On Jul 09, 2017
sarrki:



He's in acting capacity


Having said that only Nigerians are allowed to comment on this

Not to oppose or support the young man's impeachment, but the section u stated clearly points out that the President or the Vice President can be impeached by following some processes.
The question now is, has Osinbajo stopped being the Vice President? Does his becoming Acting President mean he is no more the Vice President as elected?
I don't think any section of the constitution said that a Vice President ceases to be Vice President once he becomes Acting President.

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Re: Constitution Has No Provision For Impeachment Of Acting President by timawoku(m): 4:15am On Jul 09, 2017
Many be talking thrash. ...

If saraki could impeach osinbajo based on him being a vp first rather than acting president no be una go tell am,
Osinbajo is the acting president for now and he is untouchable courtesy of the constitution. He has to be reverted back to vice president before he could be impeached. The constitution has not made provisions for acting capacity (just like in the case of magu). If taken to court any good lawyer would win the case for the acting president as there is no provision in the constitution hence no interpretation so everyone would revert to 'as you were'.saraki sef know say him misfire and he is seeking soft landing una dey here dey argue rubbish.

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Re: Constitution Has No Provision For Impeachment Of Acting President by LionDeLeo: 4:17am On Jul 09, 2017
“We actually met and opted out of the fray because it has degenerated to ego politics, especially on the issue of confirmation of nominees from the Executive.
This is the crux of the matter, not about Nigerians.

“We believe that there are issues which should be left to the court to decide in line with the principle of separation of powers.
No, the Saraki-led fraud called senate arrogates the powers of legislature, executive and judiciary to itself.

“We will tackle the Executive on roads, employment, affordable health care, good education, and basic needs for the citizenry,’’ he said.
Being human, this may not be fully achieved, but at least they know their job.

Another ranking member of the House said: “Some of us are disturbed that certain issues in the Senate are getting personal. For instance, it was too early for the Senate to take a decision on the recall process against a Senator.

“If a Senator has a problem with his constituents, let him go and resolve it. How did the motion on the floor put the food on the table of Nigerians?
The Saraki-led fraud called senate is a cult which concern itself with only the interest of its members rather than the constituencies supposedly represented by those members.

“In some instances, some Senators use derogatory words in the chamber against the Executive. We cannot follow such a legislative action.”
What do you expect from a senate having rascals like Dino as a very active member?

“I think Dogara prefers engagement with the presidency to confrontation. This approach has made the Villa to be at home with him. He has an exceptional maturity to issues,’’ another source said.
This is what is expected of honorables, confrontation is for rascals like Dino Melaye as he has consistently exhibited.

A respected member from the South-East said: “Some of us have really met with the Speaker and we discovered that we share the same vision not to join the personal war between some Senators and the presidency.
Gbam. Nothing can be closer to the truth.

“Some of those bankrolling this conspiracy against the presidency have skeletons in their cupboards. Some of them feel bigger than the Senate having controlled much money at the state level before.
Dat one dey. Very big monstrous skeletons.

Investigation in Abuja revealed last night that the Senate might have hit a roadblock following discovery that there is no provision in the 1999 Constitution for the impeachment of an Acting President.
Do the power-drunk pigs even know where they derive powers from? Do the so-called lawmakers even understand the highly technical language of the constitution? These pigs just remind me of Napoleon and Snowball of The Animal Farm by George Orwell.

‘’The only option the Senators have now is to serve an impeachment notice on President Muhammadu Buhari, which will be suicidal.

“This is why the Senators must be circumspect or else they will plunge the nation into crisis.
Saraki is in a hurry to become President, no need for those long time-consuming processes. Obviously, these fools can never learn anything. What is the last we have heard about Hamid Ali, the Customs boss?

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Re: Constitution Has No Provision For Impeachment Of Acting President by timawoku(m): 4:19am On Jul 09, 2017
nwamehn:


Not to oppose or support the young man's impeachment, but the section u stated clearly points out that the President or the Vice President can be impeached by following some processes.
The question now is, has Osinbajo stopped being the Vice President? Does his becoming Acting President mean he is no more the Vice President as elected?
I don't think any section of the constitution said that a Vice President ceases to be Vice President once he becomes Acting President.
for now osinbajo is no more the vp, believe me if he was impeachable saraki would have perfected that agenda . As an acting president he is untouchable courtesy of the constitution

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Re: Constitution Has No Provision For Impeachment Of Acting President by nwamehn: 4:33am On Jul 09, 2017
timawoku:
for now osinbajo is no more the vp, believe me if he was impeachable saraki would have perfected that agenda . As an acting president he is untouchable courtesy of the constitution

Who told u that he is no more the VP? Constitutional or ar u just saying what u feel like is the case?
Read section 145(1), Osinbajo is still the VP, he is just performing the functions of the president as acting president according to the constitution and not that he is the president or that he is no more the VP. Performing the functions of the president is constitutionally different from holding the office of the president.
If u wish to see where he ceases to be the VP and holds the office of the president, then read section 146(1).
"The Vice-President shall hold the office of President if the office of President becomes vacant by reason of death or resignation, impeachment, permanent incapacity or the removal of the President from office for any other reason in accordance with section 143 of this Constitution".
As u can see, he is still the VP, the post of acting president is not an elected post, it's just a name given to the person who performs the functions of the president in his temporary absence.
If u say he is no more the VP, will u also say that Buhari is no more the president?

I suggest u read sections 143 and 144 well so that u will see the conditions in which the VP will cease to hold office as VP, then u point out to us where being acting president is among those conditions.

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Re: Constitution Has No Provision For Impeachment Of Acting President by slivertongue: 4:47am On Jul 09, 2017
the provisions relating to the president applies to him
he cant be above the law
the constitution only borrowed him that position
the way things are now, he is in the middle of nowhere with regards to his acting position
instead of creating threads that will heat up the polity and cause division, create threads that will heal wounds and thread for reconciliation becos the foes are within and many.

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Re: Constitution Has No Provision For Impeachment Of Acting President by Jabioro: 4:50am On Jul 09, 2017
The present senate section( 8th) headed by Mesujamba had watery butter.. Saraki lives in an egoistic house of toga and it would soon crashed on him..

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Re: Constitution Has No Provision For Impeachment Of Acting President by timawoku(m): 5:17am On Jul 09, 2017
nwamehn:


Who told u that he is no more the VP? Constitutional or ar u just saying what u feel like is the case?
Read section 145(1), Osinbajo is still the VP, he is just performing the functions of the president as acting president according to the constitution and not that he is the president or that he is no more the VP. Performing the functions of the president is constitutionally different from holding the office of the president.
If u wish to see where he ceases to be the VP and holds the office of the president, then read section 146(1).
"The Vice-President shall hold the office of President if the office of President becomes vacant by reason of death or resignation, impeachment, permanent incapacity or the removal of the President from office for any other reason in accordance with section 143 of this Constitution".
As u can see, he is still the VP, the post of acting president is not an elected post, it's just a name given to the person who performs the functions of the president in his temporary absence.
If u say he is no more the VP, will u also say that Buhari is no more the president?

I suggest u read sections 143 and 144 well so that u will see the conditions in which the VP will cease to hold office as VP, then u point out to us where being acting president is among those conditions.
What I am insinuating is that right now, any action taken agsinst him must be in the capacity of an acting president and not vp.

1 Like

Re: Constitution Has No Provision For Impeachment Of Acting President by BlowBack: 6:01am On Jul 09, 2017
timawoku:
Many be talking thrash. ...

If saraki could impeach osinbajo based on him being a vp first rather than acting president no be una go tell am,
Osinbajo is the acting president for now and he is untouchable courtesy of the constitution. He has to be reverted back to vice president before he could be impeached. The constitution has not made provisions for acting capacity (just like in the case of magu). If taken to court any good lawyer would win the case for the acting president as there is no provision in the constitution hence no interpretation so everyone would revert to 'as you were'.saraki sef know say him misfire and he is seeking soft landing una dey here dey argue rubbish.

Do you know what it means to be in acting Capacity?

The same constitution does not have a separate office for acting President.

The constitution only recognizes the President and VP as heads of the executive arm of govt with acting President being a role played by the VP where the powers of the substantive President are duly transmitted temporarily to the VP by the President.

Thus, only a VP can assume the role of acting President after a letter is communicated to the Senate by the President stating thus.

Go and read up on acting President in the constitution before you continue disgracing yourself

145. Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives 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 them a written declaration to the contrary such functions shall be discharged by the Vice-President as Acting President.

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Re: Constitution Has No Provision For Impeachment Of Acting President by BlowBack: 6:11am On Jul 09, 2017
timawoku:

What I am insinuating is that right now, any action taken agsinst him must be in the capacity of an acting president and not vp.

Simple question: is there a permanent office in the executive branch known as "acting President"?

So by your logic, the VP stops assuming his elected role once conferred with acting President?

Osinbanjo is the VP and he is in acting capacity and can delegate in place of the President.

The reason why Nigerians today are particular about the new nomenclature and protocol stems from the Yaradua days when Segun Adeniyi (the then media spokesman of the Presidency) dubiously refused to address Goodluck Jonathan as acting President after the Senate had declared him so and this resulted into a public backlash as if Adeniyi was refusing to recognise the Senate's declaration on GEJ's new capacity.
Re: Constitution Has No Provision For Impeachment Of Acting President by Blue3k(m): 6:15am On Jul 09, 2017
BlowBack:


Do you know what it means to be in acting Capacity?

The same constitution does not have a separate office for acting President.

The constitution only recognizes the President and VP as heads of the executive arm of govt with acting President being a role played by the VP where the powers of the substantive President are duly transmitted temporarily to the VP by the President.

Thus, only a VP can assume the role of acting President after a letter is communicated to the Senate by the President stating thus.

Go and read up on acting President in the constitution before you continue disgracing yourself


Its sad dude so many people struggle with English language. People here are saying he's acting president instead of vice president. These guys are cut from same cloth of clowns that don't know Buhari is still the President. Lol spoon feed these kids the information they need help.

Front Page: Lalasticlala

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Re: Constitution Has No Provision For Impeachment Of Acting President by BlowBack: 6:23am On Jul 09, 2017
How Saraki will chase that manlet back to Tinubu's bedroom

146. (1) The Vice-President shall hold the office of President if the office of President becomes vacant by reason of death or resignation, impeachment, permanent incapacity or the removal of the President from office for any other reason in accordance with section 143 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 Vice-President is also vacant, the President of the Senate shall hold the office of President for a period of not more than three months, during which there shall be an election of a new President, who shall hold office for the unexpired term of office of the last holder of the office.

(3) Where the office of Vice-President becomes vacant:-

(a) by reason of death or resignation, impeachment, permanent incapacity or removal in accordance with section 143 or 144 of this Constitution;

[s](b) by his assumption of the office of President in accordance with subsection (1) of this section; or[/s]

(c) for any other reason,

the President shall nominate and, with the approval of each House of the National Assembly, appoint a new Vice-President.

Sub-section (c) does not even state clearly how a VP can be removed unlike that of the President which is explicit as contained in sections 143 and 144.

Sub-section c which I highlighted in red states "by any other means".

Time to sack Osinbanjo and send him back to his butler job in Bourdilon

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Re: Constitution Has No Provision For Impeachment Of Acting President by eagleeye2: 6:32am On Jul 09, 2017
Osibanjo, handle Saraki with care. Tinubu didn't had this advice and today it's almost as if all his contribution to APC. and Buhari doesn't count.
Again, handle Saraki with care.
Re: Constitution Has No Provision For Impeachment Of Acting President by PointZerom: 7:12am On Jul 09, 2017
timawoku:

What I am insinuating is that right now, any action taken agsinst him must be in the capacity of an acting president and not vp.


Can you show us the letter from the president transferring power to Osibanjo to work as an acting President?.

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