POWERS OF THE VICE-PRESIDENT 

Choosing a vice-president is not only a key aspect of leadership in a Federal Government but it is also a very important aspect of politics. In a country such as Nigeria, it has a high influence on the appeal of an aspirant. Due to the diverse nature of the country, it helps to represent various local ethnicities, especially in the apex executive office, as those who identify with them would most likely be in support of the leadership for the feeling of being represented. For example, a Hausa Christian Presidential Aspirant would likely choose a Yoruba or Igbo Moslem as his vice-president, depending on the political climate at the time. This somewhat assures him of the sentiments of these classifications of society and very possibly, their votes. 

However, one must consider how influential the seat of the vice-president is because, if you vote in an aspirant because you identify with his vice, the point would be that such vice would see to the needs of his ethnically related people, however, even if this is the case or the intention of the vice, he is limited to the powers that his office as affords him and no more. Thus, we consider the powers of the Vice-President below.

The Powers of the Vice-President are scattered across the constitution but basically, they are all advisory i.e. except the authority to take on the responsibilities and powers of the President of the country where the President is not available, unable to discharge his responsibilities or when the seat of the president is vacant for any reason; and only for such period. 

Section 145 (1) of the constitution states that

“Whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his Office, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to that effect, and until he transmits to them a written declaration to the contrary, the Vice-President shall perform the functions of the President as Acting President.”

Subsection (2) states that

“in the event that the President is unable or fails to transmit the written declaration mentioned in subsection (1) of this section within 21 days, the National Assembly shall, by a resolution made by a simple majority of the vote of each House of the National Assembly, mandate the Vice-President to perform the functions of the office of the President as Acting President until the President transmits a letter to the President of the Senate and Speaker of the House of Representatives that he is now available to resume his functions as President.

Also, section 146(1) which states thus

The Vice-President shall hold the office of President if the office of President becomes vacant by reason of death or resignation, impeachment, permanent incapacity or the removal of the President from office for any other reason in accordance with section 143 of this Constitution.

This also applies to section 136 (1) “which states that 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 President with the approval by a simple majority of the National Assembly at a joint sitting”.

This is the position rather than to conduct a fresh election or for the second-place aspirant to ascend to the seat. Like taking a somewhat equitable position on entitlement to the presidential seat. Even section 5(1) says that the executive powers of the Federation shall be exercised by the President directly or through the Vice-President.

The VP can perform duties and exercise powers outside the advisory spectrum however, but it is subject to the assignment of the President. Section 148 (1) states that 

“The President may, in his discretion, assign to the Vice-President or any Minister of the Government of the Federation responsibility for any business of the Government of the Federation, including the administration of any department of government.”

Besides these above mentioned, the role of the VP is advisory. Section 148 (2) talks about the President meeting with the VP and his Ministers to discuss on various affairs of the government of the State. Even in the VP’s role as Deputy chairman of the Council of State, National Defence Council, and National Security Council, and as Chairman of the National Economic Council under the Constitution, he is still limited to proffering advice to the President on several issues that the President does not have to oblige.

One could say that the Vice-President is an understudy for the President, who, in the meantime, performs an advisory role, in various capacities. This is not to undermine the office of the VP as the office of adviser to the President is no small task and indeed comes with a good extent of influence. There is,nonetheless, need to show the limits of this office in order to enable voters make informed decisions as to who they elect tothe office of the President and Vice-President rather than act out of sentiment in expectation of the impossible.

C. V. Mbachu Esq.

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