The President-Removal of President from Office-Permanent Incapacity of President

The President of Nigeria must be a Nigerian Citizen of not less than 35 years of age. This criterion applies also to the Governor and Deputy Governor of any state in Nigeria.

The President is the Head of State, the Chief Executive of the Federation and also the Commander-in-Chief of the Armed Forces of the Federation.

Once a President is elected, he holds the office until:

(i) his successor in office takes the oath of that office;

(ii) he dies whilst holding such office;

(iii) the date when his resignation from office takes effect; or

(iv) he otherwise ceases to hold office in accordance with the provisions of the Constitution.

But note that a person is disqualified to hold the office of a President if:

 (a) he does an act, acquires any status or suffers any disability which, if he were a member of the SENATE, would have disqualified him from membership of the SENATE; or (b) he had been elected to such office at any previous elections.

It must be noted however that the President shall not during the period when he holds office, hold any other Executive office or paid employment in any capacity whatsoever.

What is interesting to note is that the election of any candidate to the office of the President shall not be valid unless he nominates another candidate (Vice-President) as his associate for his running for the office of President. The same provision prevails that a candidate for the Governorship of a State must choose another candidate as a Deputy Governor.

Removal of President from Office

The President or Vice-President may be removed from office whenever a notice of any allegation in writing signed by not less than (1/3) one- third of the members of the National Assembly is presented to the president of the Senate, 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.

Please note that the provisions enjoin a detailed particular of such a misconduct to be specified:

(1) The President of the Senate shall within 7 days of the receipt of  the notice of the allegation, serve a copy on the President and  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.

(2) And within 14 days of the presentation of the notice to the  President of the Senate, each House of the National Assembly  shall resolve by motion without any debate whether or not the  allegation be investigated.

(3) A motion of the National Assembly that the allegation be  investigated shall not be declared as having being 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. 

(4) The President of the Senate shall within 7 days of the passing of  the motion cause the allegation to be investigated by a committee  of 7 persons who in his opinion are of high integrity not being members of any public service, legislative house, political party,  and who shall have been nominated and with the approval of the  Senate, appointed by the President of the Senate to conduct the
investigation.

(5) The President or Vice-President whose conduct is being  investigated shall have the right to defend himself in person and  be represented before the committee by legal practitioners of his
own choice.

(6) A Committee 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 3 months of its appointment report its findings to each House of the National Assembly.
(7) Where the Committee 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.

(8) Where the report of the Committee is that the allegation against  the holder of the office has been proved, then within 14 days of the receipt of the report, each House of 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 Committee is

adopted, then the holder of the office shall stand removed from  office as from the date of the adoption of the report.

(9) No proceedings or determination of the Committee or of the  National Assembly or any matter relating thereto shall be entertained or questioned in any Court.

(10) 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.

 Permanent Incapacity of President

1.  The President or Vice-President shall cease to hold office, if: (a) by 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;
2.  and after such declaration has been verified by a medical panel in its reports to the President of the Senate and the Speaker of the  House of Representatives accordingly.
3.  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
4.  It is interesting to note that to ensure fair play and convincing  report; the medical panel to be appointing for this exercise will  consist of 5 members only; one of whom shall be the personal physician of the holder of the office concerned; and 4 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.