Annotated alteration evidence — page 103

(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 re-run election, the time spent in the office before the date the of the Federal Republic 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. 136. Death, etc. of President-elect before oath of office (1) If a person duly elected as President dies before taking and subscribing the Oath of Allegiance and oath of office, or is for any reason whatsoever unable to be sworn in, the person elected with him as Vice-President shall be sworn in as President and he shall nominate a new Vice-President who shall be appointed by the new President with the approval by a simple majority of the National Assembly at a joint sitting. (2) Where the persons duly elected as President and Vice-President die or are unable for any reason whatsoever to assume office before the inauguration of the National Assembly, the Independent National Electoral Commission shall immediately conduct an election for a President and the Vice-President. The Constitution of the Federal Republic of Nigeria Updated with the First, Second , Third and Fourth Alterations 97