Constitution of the Federal Republic of Nigeria
{First Alteration) Act
2010 No. 5
A 1097
"(2A) In the determination of the four year term, where a re-run election has
taken place and the person earlier sworn in wins the re-run election, the time
spent in the office before the date the election was annulled, shall be taken
into account."
13. Section 137(1)(/) of the Principal Act is deleted.
Alteration of
Section 137.
14. Section 145 of the Principal Act is substituted for a n e w section "145"—
Substitution
for Section
145.
"Acting
145.—(1) Whenever the President is proceeding on vacation or
President j s otherwise unable to discharge the functions of his office, he shall
temporary' t r a n s m i l a written declaration to the President of the Senate and
absence of the Speaker of the House of Representatives to that effect, and
President until he transmits to them a written declaration to the contrary, the
Vice-President shall perform the functions of the President as Acting
President.
(2) In the event that the President is unable or fails to transmit the written
declaration mentioned in subsection (1) of this section within 21 days, the National
Assembly shall, by a resolution made by a simple majority of the vote of each
House of the National Assembly, mandate the Vice-President to perform the
functions of the office of the President as Acting President until the President
transmits a letter to the President of the Senate and Speaker of the House of
Representatives that he is now available to resume his functions as President."
15. Section 156 of the Principal Act is altered in subsection (1) (a), line 2,
by inserting immediately after the word "Representatives", the words, "provided
that a member of any of these bodies shall not be required to belong to a political
party, and in the case of the Independent National Electoral Commission, he shall
not be a member of a political party."
Alteration of
Section 156.
16. Section 160 of the Principal Act is altered, in subsection (1), line 4, by
inserting immediately after the word "functions", the words, "provided that in
the case of the Independent National Electoral Commission, its powers to make
its own rules or otherwise regulate its own procedure shall not be subject to the
approval or control of the President."
Alteration of
Section 160.
17. Section 178 of the Principal Act is altered—
(a) in subsection (1), line 2, by inserting immediately after the word,
"Commission", the words, "in accordance with the Electoral Act" ; and
(b) in subsection (2), line 2, by substituting for the words "sixty days and
not later than thirty", the words, "one hundred and fifty days and not later than
one hundred and twenty".
Alteration of
Section 178.