The Senate President, Godswill Akpabio, may be sworn in as interim President if the Supreme Court rules in favour of the 2023 presidential candidates of the Peoples Democratic Party (PDP), Atiku Abubakar and Peter Obi of Labour Party, in their separate cases challenging the outcome of February 25th election.
They both filed separate appeals challenging the victory of Bola Ahmed Tinubu whose victory has been mired in unending controversy.
There is suspense and palpable tension across the country as the Supreme Court starts hearing on the appeals filed against the verdict of the Presidential Election Petitions Court (PEPC), which affirmed Tinubu as the authentic winner of the 25th February 2023 presidential election.
Should the court pass its judgement in favour of the applicants, including the Allied Peoples’ Movement (APM), President Tinubu and his Vice, Kashim Shettima, would have to vacate their respective offices.
In the case of such an event, their positions would be occupied by the third in command in the nation’s political structure, which by the constitution, would be the Senate President.
A legal practitioner, Akan Udoh, who spoke to journalists on who takes control of national leadership in case of such an event, said that there is no controversy on that at all.
According to him, “The 1999 Constitution (as amended) explicitly stipulates that the Senate President (in this case, Godswill Obot Akpabio) would act in that capacity for 90 days, within which an election must be held.
Udoh is said to have told Daily Times that “The Constitution (as amended) and the Electoral Law are clear that the President and his deputy, as well as a State Governor and his deputy, are on a joint ticket, campaigning and standing for election together, and therefore, have similar mandates from the electorate.”
While the Senate President is being sworn in, the Independent National Electoral Commission (INEC) is expected to conduct a fresh election to the nation’s two topmost offices within three months (90 days).
Section 146 (2) of the Constitution specifically gives the Senate President the powers of the Presidency for a three-month window.
The Section states: “Where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of Vice-President is also vacant, the President of the Senate shall hold the office of President for a period of not more than three months, during which there shall be an election of a new President, who shall hold office for the unexpired term of office of the last holder of the office.
“(If the President either dies, or resigns, or is impeached, or is removed or is permanently incapable and the Vice-President is not available to become the President, The President of the Senate would become the President for 3 months during that period, there would be an election for a New President who completes the tenure of the former President.)”