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Fellow Nigerians;let's Understand The Constitution. - Politics - Nairaland

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Fellow Nigerians;let's Understand The Constitution. by Ezenwenyi(m): 3:17pm On Dec 03, 2009
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.
Re: Fellow Nigerians;let's Understand The Constitution. by snowdrops(m): 3:58pm On Dec 03, 2009
Ezenwenyi:

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.
Re: Fellow Nigerians;let's Understand The Constitution. by Luvlgenius(m): 5:44pm On Dec 03, 2009
@ poster What's your point?
Re: Fellow Nigerians;let's Understand The Constitution. by Kobojunkie: 5:52pm On Dec 03, 2009
The point from that is unless you can show that he is incapable of doing his work BECAUSE of his illness, all you do is push for his removal and there is a 50/50 chance that that will work, but doing nothing is no better.
Re: Fellow Nigerians;let's Understand The Constitution. by Luvlgenius(m): 6:08pm On Dec 03, 2009
1. "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;"

That will never happen in Nigeria, at least not in this regime.

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"

I seriously doubt that our president is suffering from such an ailment/ infirmity. It only arises when the person is at a point when Euthanasia is required
Re: Fellow Nigerians;let's Understand The Constitution. by Kobojunkie: 6:45pm On Dec 03, 2009
The medical panel fit do am self? You sure say dem no dey gain from all this?
Re: Fellow Nigerians;let's Understand The Constitution. by OAM4J: 6:58pm On Dec 03, 2009
Nigerians should just prepare to have a ceremonial - sick president till 2011 since we dont wish him dead. The way I see it, nobody is willing to do anything that will change the status quo. LONG LIVE NIGERIANS!
Re: Fellow Nigerians;let's Understand The Constitution. by Ezenwenyi(m): 8:19pm On Dec 03, 2009
Luvlgenius:

@ poster What's your point?

my point is this, do u think according to the section of the constitution above,the vice president should take over power?Or better put,do you think the FEC should declare president Yar'adua incapable?
Re: Fellow Nigerians;let's Understand The Constitution. by blackmann(m): 8:33pm On Dec 03, 2009
So long as he's not dead, he'll continue to be president till 2011, even if it means him spending the whole remaining time flying from one hospital to another. yesterday was kidney, today na heart, wonder what tomorrow will bring, maybe his bowels?

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