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Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office - Politics - Nairaland

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Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by kahal29: 7:13pm On Nov 22, 2015
(1) If a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy governor shall be sworn in as Governor and he shall nominate a new Deputy-Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State.

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

http://nigerian-constitution.com/chapter-6-part-2-section-181-death-etc-of-governor-before-oath-of-office/

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Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by mazzi: 7:15pm On Nov 22, 2015
I see another election in kogi

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Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by Adewummy007: 7:15pm On Nov 22, 2015
kahal29:
(1) If a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy governor shall be sworn in as Governor and he shall nominate a new Deputy-Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State.

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

http://nigerian-constitution.com/chapter-6-part-2-section-181-death-etc-of-governor-before-oath-of-office/
The number one is out because he was not declared winner of the election. The election was inconclusive. So number two will take effect

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Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by kosovo(m): 7:16pm On Nov 22, 2015
The election was inclusive.. Adu or what ever his name is was not declared winner.
Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by mazzi: 7:16pm On Nov 22, 2015
I see inec conducting nother election in kogi state. Nice post op thou.
Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by LastSurvivor: 7:18pm On Nov 22, 2015
Which kind yeye dirty death b this one sef

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Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by horlabiyi(m): 7:19pm On Nov 22, 2015
I so much like this thread. It's good for us the youth of this great country to be educating ourselves rather than throwing insults. Thanks OP.



GOD BLESS NIGERIA

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Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by Tolexander: 7:21pm On Nov 22, 2015
Adewummy007:

The number one is out because he was not declared winner of the election. The election was inconclusive. So number two will take effect
no sir, (1) applies and not (2) to the situation in Kogi presently.


(1) If a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy governor shall be sworn in as Governor and he shall nominate a new Deputy-Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State.
The part is talking about only the death of an elected Governor, if the running mate is alive.

(2) is talking about two people, ie the death of both the elected and his running mate.

Hence, the (1) only applies, since the running mate is alive. The running mate will definitely be sworn in, that is if the whole election is concluded and APC declared winner of the election by INEC.

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Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by mazzi: 7:22pm On Nov 22, 2015
But in this case did nlot declared any candidate winner so,op your argument lack logic. I call on lawyers in the house throw more light on this constitutional issue.

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Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by eraly(m): 7:22pm On Nov 22, 2015
Nice thread. Thanks
Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by seunmsg(m): 7:24pm On Nov 22, 2015
I
mazzi:
I see inec conducting nother election in kogi state. Nice post op thou.

Inec will conclude the process that was started yesterday first. Upon conclusion, section 181(1) will apply. Audu contested on a joint ticket ticket with his deputy and in as much as the deputy is still alive, the ticket remains valid.

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Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by CACAWA(m): 7:28pm On Nov 22, 2015
Adewummy007:

The number one is out because he was not declared winner of the election. The election was inconclusive. So number two will take effect
you made a very unreasonable comment lol.

Number 2 says if both G and DG elect die before oath. How can that take effect?

Meanwhile, number 1 is applicable because if you read your constitution very well, you will notice that there are only two milestones in the constitution. One is the time before submission of party's candidacy form to INEC. The second is before oath of office. Any death in between is considered as death before oath of office. This man died during the election but can still be declared winner because the election is for his party

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Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by Nobody: 7:28pm On Nov 22, 2015
mazzi:
I see inec conducting nother election in kogi state. Nice post op thou.

the death will sway public sympathy towards APC so APC will surely win in another election
Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by IsraeliAIRFORCE: 7:29pm On Nov 22, 2015
Unfortunately Audu has not been declared elected and no certificate of return issued to this effect

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Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by martinlooter(m): 7:33pm On Nov 22, 2015
kahal29:
(1) If a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy governor shall be sworn in as Governor and he shall nominate a new Deputy-Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State.

http://nigerian-constitution.com/chapter-6-part-2-section-181-death-etc-of-governor-before-oath-of-office/

See screenshoot from the electoral act

Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by dondaddycares(m): 7:39pm On Nov 22, 2015
kahal29:
(1) If a person duly elected as Governor dies before taking and subscribing the Oath of Allegiance and oath of office, or is unable for any reason whatsoever to be sworn in, the person elected with him as Deputy governor shall be sworn in as Governor and he shall nominate a new Deputy-Governor who shall be appointed by the Governor with the approval of a simple majority of the House of Assembly of the State.

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

http://nigerian-constitution.com/chapter-6-part-2-section-181-death-etc-of-governor-before-oath-of-office/

the constitution said duly elected... in this case, no one has been duly elected as the governor as inec declared the election inconclusive. so the above section does not come into play. this is a lacuna in the constitution and what inec should do in the present case is to call for a fresh election.

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Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by Phame: 7:40pm On Nov 22, 2015
This is painful.
What does the constitution say in a case that the election was declared inconclusive and supplementary elections ordered? Can a dead man contest in a suplementary election?
Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by Adewummy007: 7:42pm On Nov 22, 2015
CACAWA:
you made a very unreasonable comment lol.

Number 2 says if both G and DG elect die before oath. How can that take effect?
party
My comment might be unreasonable because I am not a constitutional lawyer.
But the beginning of the statement said if a person duly elected as Governor. But in this case he was not yet declare a Governor and I supported number 2 because INEC will conduct a fresh election

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Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by seunmsg(m): 7:55pm On Nov 22, 2015
dondaddycares:


the constitution said duly elected... in this case, no one has been duly elected as the governor as inec declared the election inconclusive. so the above section does not come into play. this is a lacuna in the constitution and what inec should do in the present case is to call for a fresh election.


The main election was conducted yesterday. The supplementary election is just an addition to the main election that was held election. And, since the results of yesterday's election have been announced by INEC, they can no longer be invalidated. The votes cast yesterday remains valid until a court of law says otherwise. All that INEC can do now is to conclude the process and announce the party that won. PDP can then approach the court if they are not satisfied.

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Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by ril19(m): 8:02pm On Nov 22, 2015
Anoda ele... wetin? abeg make una no dey waste awa moni anihau joor. jus kari anibody chuk for d ofis. grin

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Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by yomalex(m): 8:14pm On Nov 22, 2015
Hmm this is...
Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by Udopasa: 8:14pm On Nov 22, 2015
Well, if we take into cognisance a Supreme court judgment(judicial precedent) on two different cases where it recognised "political party" over "candidate" and also resolved the ish of "joint ticket", one can say without equivocation that Audu's political party(APC) and his running mate(james) wil be declared the winner and returned elected after the rerun(if APC maintains the lead).
Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by Generalkorex(m): 8:22pm On Nov 22, 2015
They sha want to waste tax payers money

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Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by LOC1(m): 8:31pm On Nov 22, 2015
Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by drakura: 8:33pm On Nov 22, 2015
the election is inconclusive, so he is not yet an elected governor, I think the runner up in the primary election will stand in
Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by San2ski(m): 8:35pm On Nov 22, 2015
seunmsg:



The main election was conducted yesterday. The supplementary election is just an addition to the main election that was held election. And, since the results of yesterday's election have been announced by INEC, they can no longer be invalidated. The votes cast yesterday remains valid until a court of law says otherwise. All that INEC can do now is to conclude the process and announce the party that won. PDP can then approach the court if they are not satisfied.

You are already sure of the party that will win and the one that will go to court.
Nigeria sef
undecided
Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by Nobody: 8:36pm On Nov 22, 2015
Since the election was declared inconclusive, the rerun has to be done with the deputy-governor candidate standing in. If APC wins the re-run, then the newly elected deputy gov would become the elected gov and them nominate someone to be his deputy subject to the approval of the house

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Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by adioolayi(m): 8:38pm On Nov 22, 2015
the situation is complex...even Olisa Agbakoba SAN yet to know what will happen...
Check Dele's twitter handle... it's generating controversies already..simply because he has not been declared winner before his death!

https://mobile.twitter.com/DeleMomodu/status/668506357054636032
Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by captainflash(m): 8:40pm On Nov 22, 2015
saytan:


the death will sway public sympathy towards APC so APC will surely win in another election
Really?
Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by johncreek: 8:53pm On Nov 22, 2015
Kogi ... I hail ooo. Someone wins election and dies that same day... na wa oooo
Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by ValerianSteel(m): 9:02pm On Nov 22, 2015
Since he was not declared winner the deputy can't be called the governor-elect,but however,A fresh election would still be conducted,it is left within the party to decide who they have as their candidate.If APC wants they may retain Faleke the running mate to fill in for the governorship post or choose a new person,that's left with APC to decide in Kogi.
Re: Section 181 Of Nigeria Constitution: Death Of Governor Before Oath Of Office by gebest: 9:38pm On Nov 22, 2015
Great, God bless u, case close. Congratulations to the deputy.

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