Senate Rallies, Amends Section 145 and 190 of The Constitution

San Francisco Feb 24, (THEWILL) – The Senate on Wednesday for the first time since 1999 successfully amended Sections 145 and 190 of the 1999 Constitution.

The amendment will make it mandatory for the President and Governors to formally notify the legislature and handover to their deputies when they are on leave or vacation which would subsequently allow their deputies assume full executive powers.

And if the incumbent fails to transmit a written declaration with 14 days of holiday, the bill states that the legislature would by resolution empower the Vice President to take over state affairs as Acting President.

The amendment will be transmitted to state legislative houses for passing after the House of Representatives would have passed it too.

Called "A Bill for an Act to alter the Provisions of Sections 145 and 190 of the Constitution of the Federal Republic of Nigeria 1999 and for other matters connected thereto, 2010", and sponsored by the Deputy Senate President, Ike Ekweremadu and 43 others, would ensure that the ugly experience with President Yar'Adua's refusal to hand over to Acting President Jonathan never repeats itself again in the future."

After the amendment, Section 145 now reads:
"(1) Whenever the president is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to that effect, and 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 sub-Section 1 of this section within 14 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."

The amended Section 190 of the Principal Act now reads:

"(1) Whenever the Governor is proceeding on vacation or is otherwise unable to discharge the function of his office, he shall transmit a written declaration to the Speaker of the House of Assembly to that effect, and until he transmits to the Speaker of the House of Assembly a written declaration to the contrary, the Deputy Governor shall perform the functions of the governor as Acting Governor.

"(2) In the event that the Governor is unable or fails to transmit the written declaration mentioned in sub-section 1 of this section within 14 days, the House of Assembly shall by a resolution made by a simple majority of the vote of the House mandate the Deputy Governor to perform the functions of the office of the Governor, as Acting Governor, until the Governor transmits a letter to the Speaker, that he is now available to resume his functions as Governor."