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Constitutional Bar Against a Third Vice‑Presidential Tenure

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By Okoi Obono-Obla

The Nigerian Constitution permits a Vice President to serve a maximum of two terms of four years each, amounting to eight years in total, and no more. Consequently, the speculation that a former Vice President who has already served two full terms is being considered as the vice‑presidential running mate of a factional presidential candidate of the ADC is dead on arrival, as such a move would be unconstitutional.

Specifically, Section 137(1)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides that “a person shall not be qualified for election to the office of President if he has been elected to such office at any two previous elections.” By virtue of Section 142(2), this restriction applies equally to the office of Vice President, since the President and Vice President are elected together on the same ticket. Therefore, anyone who has already served two terms as Vice President is constitutionally barred from holding that office again.

In conclusion, the constitutional framework is clear and unambiguous: once a Vice President has completed two terms, any attempt to return to that office is invalid. The speculation surrounding such a candidacy is therefore not only untenable but constitutionally impossible.

 

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