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With the required two-thirds majority, the Nigerian Senate on Wednesday amended Sections 145 and 190 of the 1999 Constitution.

The two sections now make it mandatory for the President or the governor of a state to transmit a written declaration to the National Assembly or the State Assembly informing them that he is proceeding on vacation.

The sections also make it mandatory for the President or Governor to transmit same if he is unable to discharge the functions of his office.

Although the Senate Committee on Constitution Review had recommended a seven-day deadline within which to transmit such a letter, the amendment by the senate extended it to 14 days.

Section 145 (1) says : “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 or 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”.

Sub-section (2) also states: “In the event that the President is unable or fails to transmit the written declaration mentioned in sub-section (1) of this section within 14 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.”

Similar provisions were made in Section 190 of the constitution in respect of a governor.

After a three-day debate on the sections, the Senate on Wednesday passed the sections with each senator voting “yes” or “no”.

At the end of voting, 89 senators voted in favour of Section 145 (1), two voted against while 17 were absent.

Similarly, 86 senators voted in support of sub-section (2), four voted against, 17 senators were absent while one senator abstained from voting.

Also, 88 senators voted in favour of Section 190 (1), two voted against while 18 senators were absent.

With regards to Section 190 (2), 85 senators voted in support of the amendment, four voted against, 18 senators were absent while one senator abstained from voting.

Senators who voted against the amendment of Section 145 (2) and 190 (2) included Sen. Bagudu Atiku (PDP-Kebbi), Sen. Ibrahim Ida (PDP-Katsina), Sen. Garba Lado (PDP-Katsina) and Sen. Yale Kake (ANPP-Borno).

Sen. George Akume (PDP-Benue) abstained from voting in the amendment of both Sections 145 (2) and 190 (2).

The Senate President, Sen. David Mark, as the presiding officer, was not required to vote.

Mark said that the two sections were passed because those who voted in favour of their amendment out numbered the required number of 73.

He said that though the exercise was tedious,“it’s a way of laying solid foundation for the growth of our democracy”.