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  1. Constitutions
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  3. Annotated alteration evidence — page 105

🇳🇬 NigeriaConstitution

Constitution of the Federal Republic of Nigeria (Fifth Alteration) Acts, 2023

Annotated alteration evidence — page 105

Jurisdiction
Nigeria
Provision
105
Source language
English
Recorded status
in force
More details
Recorded status
in force

Provision text

Official source
aforesaid subsection (4), arrange for another election between the two candidates to which the subsection relates and a candidate at such election shall be deemed to have been duly elected to the office of President if he has a majority of the votes cast at the election. 135. Tenure of office of President (1) Subject to the provisions of this Constitution, a person shall hold the office of President until- (a) when his successor in office takes the oath of that office; (b) he dies whilst holding such office; or (c) the date when his resignation from office takes effect; or (d) he otherwise ceases to hold office in accordance with the provisions of this Constitution. (2) Subject to the provisions of subsection (1) of this section, the President shall vacate his office at the expiration of a period of four years commencing from the date, when - (a) in the case of a person first elected as President under this Constitution, he took the Oath of Allegiance and the oath of office; and (b) in any other case, the person last elected to that office under this Constitution took the Oath of Allegiance and oath of office or would, but for his death, have taken such oaths. (2A) In the determination of the four year term, where a re-run [Section 135(2A) is election has taken place and the person earlier sworn in wins the inserted by Constitution of the Federal Republic re-run election, the time spent in the office before the date the of Nigeria, 1999 (First election was annulled, shall be taken into account. Alteration Act) 2010] (3) If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years mentioned in subsection (2) of this section from time to time; but no such extension shall exceed a period of six months at any one time. The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations 99

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Constitution of the Federal Republic of Nigeria (Fifth Alteration) Acts, 2023 · placng.org · Retrieved 18 August 2026.

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