Tribunal: Constitution Is Clear On What Should Happen If Court Orders A Rerun – Barrister Eluchie

GLatestJuly 12, 2023

1 minute read

If the ongoing Presidential Election Petitions Tribunal nullifies the February election and orders a rerun, the Constitution has provisions for ensuring continuity in governance, according to renowned lawyer Barrister Eze Eluchie. Responding to allegations by Labour Party Chairman Julius Abure that the ruling APC has begun preparing for a possible rerun election, Eluchie explained the constitutional process for an interim government.

Under the Constitution, should the Tribunal require the incumbent president and vice president to vacate office, the Senate president would assume the presidency on an interim basis until fresh elections are held and a new president elected. This means current Senate President Akpabio would temporarily serve as acting president during the transition.

As Eluchie explained, “The Constitution clearly states that if the court orders a rerun election, the Senate president will preside over the country until the new elections are concluded and a winner declared. So if this scenario occurs, Mr. President and the Vice President would be ordered to step down, and Senator Akpabio as the Senate president would step in as acting president while INEC conducts the fresh election.”

This constitutional provision for continuity of government ensures there is no power vacuum or uncertainty if a rerun is ordered. The Senate president serves in an interim capacity until the electoral process is redone and a duly elected president and vice president take office.