Constitution of the Federal Republic of Nigeria (Fifth Alteration) Acts, 2023
Annotated alteration evidence — page 137
- Jurisdiction
- Nigeria
- Provision
- 137
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source(10) No proceedings or determination of the panel or of the
House of Assembly or any matter relating to such proceedings or
determination shall be entertained or questioned in any court.
(11) In this section -
“gross misconduct” means a grave violation or breach of the
provisions of this Constitution or a misconduct of such nature
as amounts in the opinion in the House of Assembly to gross
misconduct.
189. Permanent incapacity of Governor or Deputy Governor
(1) The Governor or Deputy Governor of a State shall cease to hold
office if-
(a) by a resolution passed by two-thirds majority of all members
of the executive council of the State, it is declared that the
Governor or Deputy Governor is incapable of discharging the
functions of his office; and
(b) the declaration in paragraph (a) of this subsection is verified,
after such medical examination as may be necessary, by a
medical panel established under subsection (4) of this section in
its report to the Speaker of the House of Assembly.
(2) Where the medical panel certifies in its report that in its opinion
the Governor or Deputy Governor is suffering from such infirmity of
body or mind as renders him permanently incapable of discharging
the functions of his office, a notice thereof signed by the Speaker
of the House of Assembly shall be published in the Official Gazette
of the Government of the State.
(3) The Governor or Deputy Governor shall cease to hold office
as from the date of publication of the notice of the medical report
pursuant to subsection (2) of this section.
(4) The medical panel to which this section relates shall be appointed
by the Speaker of the House of Assembly of the State, and shall
comprise five medical practitioners in Nigeria –
(a) one of whom shall be the personal physician of the holder of
the office concerned; and
The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations 131
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Source and verification
Constitution of the Federal Republic of Nigeria (Fifth Alteration) Acts, 2023 · placng.org · Retrieved 18 August 2026.
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