Incapacity

(1) Whenever the President is incapacitated so as to be unable to discharge the powers and duties of that office, the First Vice-President shall act as President, until such time, in the President’s term of office, as the President is able to resume his or her functions. (2) The President shall not be deemed to be incapacitated for the purposes of this section until and unless— (a) there is a written declaration, certified by a board of independent medical practitioners, that the President is unable to discharge the duties of the office of President; (b) the declaration is signed by the First Vice-President and a majority of the Cabinet, holding office at that time; and (c) the declaration is submitted by the First Vice-President to the Speaker of the National Assembly. (3) Upon submission to the Speaker of a declaration under subsection (2), the First Vice-President shall immediately assume the powers and duties of the office of President as Acting President. (4) Where the President has been declared to be incapacitated in accordance with subsection (2) the President may, at any time thereafter, submit to the National Assembly a written declaration, certified by a board of independent medical practitioners, stating his or her fitness to carry on the duties of the office of President: Provided that— (a) upon receipt of such a declaration from the President, the National Assembly shall have thirty days within which to determine whether or not the President is in fact or not so incapacitated as to be unable to discharge the duties of the office of President; and (b) if the National Assembly determines that the President remains so incapacitated so as to be unable to discharge the duties of the office of President, by an affirmative vote of two-thirds of all of its members, the First Vice-President shall continue to act as President until the National Assembly determines that the President is again fit to assume the duties and powers of the office of President; or (c) if the National Assembly determines that the President is no longer so incapacitated as to be unable to discharge the duties of the office of President by an affirmative vote of two-thirds of the National Assembly, the President shall resume the duties of the office of President within thirty days of that vote. (5) If, on the expiry of twelve months from the date of the Speaker being notified of the incapacity of the President, the National Assembly has not determined that the President is fit to perform duties of the office of President in accordance with subsection (4), then the office of President shall be deemed vacant and the Vice-President shall assume office for the remainder of the term in accordance with section 83 (4). [13 of 2001] (6) The provisions of this section, save for subsection 5 shall apply mutatis mutandis to the incapacity of the First Vice-President except that the certificate shall then be signed by the President and be submitted to the Speaker by the President and the functions of the First Vice-President shall be carried out by such other member of Cabinet as the President may appoint. (7) Every board of independent medical practitioners required for 6 of 1995 the purposes of this section shall be selected in accordance with the procedure laid down in the Standing Orders of Parliament. [6 of 1995] [31 of 1994; 6 of 1995; 13 of 2001]