CONSTITUTIONALISM AND SUCCESSION POLITICS IN NIGERIA

Abstract

Even though sections 144 and 189 of the 1999 Nigerian constitution clearly spell out the procedure for succession in case of medical incapacity of the president or a state governor, experiences in the case of late President Umar Yar'adua and now Governor Suntai in Taraba state have shown that the legal framework may not be sufficient to resolve political and governance issues in a country like Nigeria.
This paper will examine the complications surrounding Yar'adua and Suntai cases, why the constitution has not proved sufficient in both cases, and the different interests involved in both cases.
The paper will conclude that the 1999 constitution as it is presently written, and the nature of Nigeria's political elite will make it impossible for a hitch-free succession whenever the President or a state governor is incapable of discharging the functions of his office on account of medical incapacity. Hence, there is the need to amend the constitution and strengthen the legislative and judicial arms of government.