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2023 Revised Edition
Contents

Chapter VII · The Executive

31. The election and the term of office of the President

Unofficial copy, with amendments up to 31 Oct 2022. Later amendments are not included. Check the official text before you rely on it.

(1)

Any citizen who is qualified to be elected to the office of President may be nominated as a candidate for such office –

(a)

by a recognized political party; or

(b)

if he is or has been an elected member of the legislature, by any other political party or by an elector whose name has been entered in any register of electors.

17[(2) No person who has been twice elected to the office of President by the People, shall be qualified thereafter to be elected to such office by the People.]

(3)

The poll for the election of the President shall be taken not less than one month and not more than two months before the expiration of the term of office of the

President in office.

18[(3A) (a) (i) Notwithstanding anything to the contrary in the preceding provisions of this Chapter, the

President may, 19[at any time after the expiration of four 16 - Substituted by the Nineteenth Amendment to the Constitution Sec. 3.

17 - Inserted by the Nineteenth Amendment to the Constitution Sec. 4(1).

18 - Inserted by the Third Amendment to the Constitution Sec. 2(1).

19 - Substituted by the Eighteenth Amendment to the Constitution Sec. 2(2)(a).

years from the 20[commencement of his first term of office,]

by Proclamation, declare his intention] of appealing to the

People for a mandate to hold office, 21[by election, for a second term.]

22[Repealed]

(ii)

Upon the making of a Proclamation under sub-paragraph (i) the Commissioner of Elections shall be required to take a poll for the election of the President.

(b)

If, at any time after the date of Proclamation referred to in paragraph (a), and before the close of the poll at the election held in pursuance of such Proclamation, the President in office dies, such Proclamation shall be deemed to have been revoked with effect from the date of such death and the election to be held in pursuance of such Proclamation shall be deemed to be cancelled. The vacancy in the office of the President caused by such death shall be filled in accordance with the provisions of

Article 40.

(c)

(i)

If, at any time between the close of the poll at an election held under this paragraph and the declaration of the result of such election, a candidate at such election dies, the Commissioner of Elections shall proceed with the count and declare the result of such election, notwithstanding the death of such candidate.

(ii)

If the person entitled to be declared elected as

President is dead at the time of the declaration of the result of such election, the Commissioner of Elections shall not declare the result of such election but shall take a fresh poll for the election of the President.

(iii)

If by reason of the death referred to in sub-paragraph (i) there is a vacancy in the office of President,

20 - Substituted by the Nineteenth Amendment to the Constitution Sec. 4(2)(a)(i).

21 - Substituted by the Twentieth Amendment to the Constitution Sec. 2.

22 - Repealed by the Nineteenth Amendment to the Constitution Sec. 4(2)(a)(ii).

the Prime Minister shall act in the office of President during the period between the occurrence of such vacancy and the assumption of office by the new President and shall appoint one of the other Ministers of the Cabinet to act in the office of Prime Minister:

Provided that if the office of Prime Minister be then vacant or the Prime Minister is unable to act, the

Speaker shall act in the office of President.

(d)

The person declared elected as President at an election held under this paragraph shall, if such person –

(i)

is the President in office, hold office 23[for a term of five years] commencing on such date in the year in which that election is held

(being a date after such election) or in the succeeding year, as corresponds to the date on which his first term of office commenced, whichever date is earlier; or

(ii)

is not the President in office, hold office,

24[for a term of five years] commencing on the date on which the result of such election is declared.

(e)

A person succeeding to the office of President under the provisions of Article 40 shall not be entitled to exercise the right conferred on a President by sub-paragraph (a) of this paragraph.

(f)

For the purposes of this paragraph, the first term of office of the first President referred to in

Article 160 shall be deemed to have commenced on

February 4, 1978.]

25[(4) Where a poll for the election of a President is taken, the term of office of the person elected as President 23 - Substituted by the Nineteenth Amendment to the Constitution Sec. 4(2)(b).

24 - Substituted by the Nineteenth Amendment to the Constitution Sec. 4(2)(b).

25 - Substituted by the Third Amendment to the Constitution Sec. 2(2).

at such election shall commence on the expiration of the term of office of the President in office:

Provided that notwithstanding anything to the contrary in Article 40 –

(a)

if any person declared elected as President at a poll for the election of a President dies at any time after his being declared elected as

President and before the date on which his term of office would, but for his death, have commenced, the Commissioner of Elections, shall take a fresh poll for the election of a

President. If the date fixed for such fresh poll is a date later than such first-mentioned date, the term of office of the person declared elected at such poll shall, notwithstanding the preceding provisions of this Article, be deemed to have commenced on such first-mentioned date. For the purposes only of

Article 38(1)(d), the date of commencement of the term of office of the new President shall be the date of his election;

(b)

where the President in office is not a candidate or is not re-elected, at a poll for the election of a President, his term of office shall be deemed to have expired on the date on which the result of such election is declared. The person elected as President at such election shall assume office forthwith, but not later than two weeks from such date:

Provided that the President in office, notwithstanding anything to the contrary in

Article 30, shall continue to exercise, perform and discharge the powers, duties and functions of the office of President until the assumption of office by the person declared elected as

President. If the office of President becomes vacant, by reason of the person declared elected as President failing to assume office, the President in office shall continue to exercise, perform and discharge the powers, duties and functions of the office of President, until the

Prime Minister or if the office of Prime Minister be then vacant or if the Prime Minister be unable to act, the Speaker commences to act in the office of President in terms of Article 40;

(c)

if by reason of the death referred to in sub-paragraph (a) there is a vacancy in the office of President, the Prime Minister shall act in the office of President during the period between the occurrence of such vacancy and the assumption of office by the new President and shall appoint one of the other Ministers of the Cabinet to act as Prime Minister:

Provided that if the office of Prime

Minister be then vacant or the Prime Minister is unable to act, the Speaker shall act in the office of President.]

(5)

The election of the President shall be conducted by the Commissioner of Elections who shall fix the date for the nomination of candidates for such election and the date on which the poll shall be taken.

(6)

Parliament shall by law make provision for –

(a)

the nomination of candidates for the election of President;

(b)

the register of electors to be used at and the procedure for the election of the

President;

(c)

the creation of offences relating to such election and the punishment therefor;

(d)

he grounds and manner of avoiding such election and of determining any disputed election; and

(e)

all other matters necessary or incidental thereto.

Chapter VIIA

The Constitutional Council

Chapter VIII

The Executive

Chapter IX

The Executive

Chapter X

The Legislature

Chapter XI

The Legislature

Chapter XII

The Legislature

Chapter XIII

The Referendum

Chapter XIV

The Franchise and Elections

Chapter XIVA

Election Commission

Chapter XV

The Judiciary

Chapter XVA

Judicial Service Commission

Chapter XVI

The Superior Courts

Chapter XVII

Finance

Chapter XVIIA

146[CHAPTER XVII a

Chapter XVIII

Public Security

Chapter XVIIIA

National Police Commission

Chapter XIX

The Parliamentary Commissioner for Administration

Chapter XIXA

Commission to Investigate Allegations of Bribery or Corruption

Chapter XIXB

National Procurement Commission

Chapter XX

General

Chapter XXI

Transitional Provisions

Chapter XXII

Interpretation

Chapter XXIII

Repeal

Chapter XXIV

Promulgation of the Constitution

Schedules