In one of the fastest growing
forum in the country www.naijahottestgist.com
where both old and young debate on politics, education, terrorism and many
more, there was an argument as to the provision of the constitution in respect
of disqualification, the Ekiti state Governor Elect, Mr Ayodele Fayose was used
as case study.
Some are of the opinion he cannot
contest an election till year 2016(ten years after his impeachment) and many
more.
I shall be discussing this by
using the Nigeria constitution 1999 as amended. Chapter SIX of the 1999
Constitution of the Federal Republic of Nigeria by virtue of section 182
describe when one will be disqualified for election to the office of the
Governor of a state.
Section 182(a) subject to the provisions of section 28 of this
constitution (a person shall forfeit his Nigerian citizenship if, not being a
citizen of Nigeria by birth, he acquires or retains the citizenship or
nationality of a country, other than Nigeria of which he is not a citizen by
birth) he has voluntarily acquire the citizenship of another country other than Nigeria oe, except in such cases
as may be prescribed by national Assembly , he has made a declaration of the
allegiance to such other country .
(b) he has been elected to such
office at any two previous elections or (meaning that Fayose is not entitled to
re-election after completing his tenure which starts on 16th October
2014) No third term as proposed by Obasanjo
(c) under the law in any part of Nigeria
, he is adjudged to be a lunatic or otherwise declared to be of unsound mind (Please
note that the fact that you suspect/know someone is not mentally stable is not
sufficient such person must go through judicial process confirming him/her to
be of unsound mind)
(d) he is under
the a sentence of death imposed by any competent court of law or tribunal
imposed by any competent court of law or tribunal in Nigeria ...........of an
offence involving dishonesty or fraud.....................
(e) within a
period of less than ten years before the date of election to the office of the
state governor has been convicted and sentenced for an offence involving
dishonesty or has been found guilty of contravention of the code of conduct or
( if such person is granted state pardon before 10years he/she can contest an
election take for instance the former Governor of Bayelsa state Diepreye Alamyieseigha that was granted state
pardon ,he can contest for any post )
(f) being a
person employed in the public service of the Federation or any state, he has
not resigned, withdrawn or retired from employment at least thirty days to the
date of election.
Conclusively,
the Governor Elect have the right to contest an election as this section of the
constitution is silent on impeachment and neither was he convicted nor
sentenced by any court of law.
Thank you.
OYENIKE
ALLIYU-ADEBIYI LLB()BL
Xxxx
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