(2) The powers of the President under subsection (1) of this section shall be exercised by him after consultation
with the Council of State.
(3) The President, acting in accordance with the advice of the Council of State, may exercise his powers under
subsection (1) of this section in relation to persons concerned with offences against the army, naval or air-force
law or convicted or sentenced by a court-martial.
Part II
State Executive
A - Governor of a State
176. (1) There shall be for each State of the Federation a Governor.
(2) The governor of a shall be the Chief Executive of that state
177. A person shall be qualified for election to the office of Governor of a State if
(a) he is a citizen of Nigeria by birth;
(b) he has attained the age of thirty-five years;
(c) he is a member of a political party and is sponsored by that political party; and
(d) he has been educated up to at least School Certificate level or its equivalent.
178. (1) An election to the office of Governor of a State shall be held on a date to be appointed by the
Independent National Electoral Commission.
(2) An election to the office of Governor of a State shall be held on a date not earlier than sixty days and not later
than thirty days before the expiration of the term of office of the last holder of that office.
(3) Where in an election to the office of Governor of a State one of the two or more candidates nominated for the
election is the only candidate after the close of nomination, by reason of the disqualification, withdrawal,
incapacitation, disappearance or death of the other candidates, the Independent National Electoral Commission
shall extend the time for nomination.
(4) For the purpose of an election under this section a State shall be regarded as one constituency.
(5) Every person who is registered to vote at an election of a member of a legislative house shall be entitled to
vote at an election to the office of Governor of a State.
179. (1) A candidate for an election to the office of Governor of a State shall be deemed to have been duly
elected to such office where, being the only candidate nominated for the election(a) he has a majority of YES votes over NO votes cast at the election; and
(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the local
government areas in the State,
but where the only candidate fails to be elected in accordance with this subsection, then there shall be fresh
nominations.
(2) A candidate for an election to the office of Governor of a State shall be deemed to have been duly elected
where, there being two or more candidates (a) he has the highest number of votes cast at the election; and
(b) he has not less than one-quarter of all the votes cast in each of at least two-thirds of all the local government
areas in the State.
(3) In default of a candidate duly elected in accordance with subsection (2) of this section there shall be a second
election in accordance with subsection (4) of this section at which the only candidates shall be (a) the candidate who secured the highest number of votes cast at the election; and