Article 188 of the Constitution of Nigeria

(2) Where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of Deputy Governor of the State is also vacant, the Speaker of the House of Assembly of the State shall hold the office of Governor of [Section 190 is substituted by Constitution of the Federal Republic of Nigeria, 1999 (First Alteration Act) 2010] 133 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsthe State for a period of not more than three months, during which there shall be an election of a new Governor of the State who shall hold office for the unexpired term of office of the last holder of the office. (3) Where the office of the Deputy Governor becomes vacant – (a) by reason of death, resignation, impeachment, permanent incapacity or removal in accordance with section 188 or 189 of this Constitution; (b) by his assumption of the office of Governor of a State in accordance with subsection (1) of this section; or (c) for any other reason, the Governor shall nominate and with the approval of the House of Assembly of the State, appoint a new Deputy Governor. 192. Commissioners of State Government (1) There shall be such offices of Commissioners of the Government of a State as may be established by the Governor of the State. (2) Any appointment to the office of Commissioner of the Government of a State shall, if the nomination of any person to such office is confirmed by the House of Assembly of the State, be made by the Governor of that State and in making any such appointment the Governor shall conform with the provisions of section 14(4) of this Constitution. Provided that no Commissioner nominee shall be confirmed by the House of Assembly of the State unless evidence of declaration of assets and liabilities of the nominee as prescribed in this Constitution is presented. (3) Where a member of a House of Assembly or of the National Assembly is appointed as Commissioner of the Government of a State, he shall be deemed to have resigned his membership of the House of Assembly or of the National Assembly on his taking the oath of office as Commissioner. [Section 192 (2) is altered by the Constitution of the Federal Republic of Nigeria, 1999 Fifth Alteration) (No. 23) Act, 2023] 134 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(4) No person shall be appointed as a Commissioner of the Government of a State unless he is qualified for election as a member of the House of Assembly of the State. (5) An appointment to the office of Commissioner under this section shall be deemed to have been made where no return has been received from the House of Assembly within twenty-one working days of the receipt of nomination by the House of Assembly. (6) Notwithstanding the provision of subsection (2) of this section, the nomination of any person to the office of a Commissioner for confirmation by the House of Assembly of a State shall be done within sixty days after the date the Governor has taken the oath of office: Provided that the Governor may appoint a Commissioner at any other time during his tenure and such appointment shall be subject to confirmation by the House of Assembly of a State. 193. Executive responsibilities of Deputy Governor and Commissioners (1) The Governor of a State may, in his discretion, assign to the Deputy Governor or any Commissioner of the Government of the State responsibility for any business of the Government of that State, including the administration of any department of Government. (2) The Governor of a State shall hold regular meetings with the Deputy Governor and all Commissioners of the Government of the State for the purposes of – (a) determining the general direction of the policies of the Government of the State; (b) co-ordinating the activities of the Governor, the Deputy Governor and the Commissioners of the Government of the State in the discharge of their executive responsibilities; and (c) advising the Governor generally in the discharge of his executive functions, other than those functions with respect to [Subsection (6) is inserted by the Constitution of the Federal Republic of Nigeria, 1999 Fifth Alteration) (No. 23) Act, 2023] 135 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationswhich he is required by this Constitution to seek the advice or act on the recommendation of any other person or body. 194. Declaration of assets and liabilities: oaths of Commissioners A Commissioner of the Government of a State shall not enter upon the duties of his office unless he has declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and subscribed the Oath of Allegiance and the oath for the due execution of the duties of his office prescribed in the Seventh Schedule to this Constitution. [Seventh Schedule] 195. Attorney-General of a State (1) There shall be an Attorney-General for each State who shall be the Chief Law Officer of the State and Commissioner for Justice of the Government of that State. (2) A person shall not be qualified to hold or perform the functions of the office of the Attorney-General of a State unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for not less than ten years. 196. Special Advisers (1) The Governor of a State may appoint any person as a Special Adviser to assist him in the performance of his functions. (2) The number of such Advisers and their remuneration and allowances shall be as prescribed by law or by resolution of the House of Assembly of the State. (3) Any appointment made pursuant to the provisions of this section shall be at the pleasure of the Governor, and shall cease when the Governor ceases to hold office. (4) A person appointed as a Special Adviser under subsection (1) of this section shall not begin to perform the functions of the office unless he has declared his assets and liabilities as prescribed in 136 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterationsthis Constitution and has subsequently taken and subscribed the Oath of Allegiance and the oath of office prescribed in the Seventh Schedule to this Constitution. [Seventh Schedule] B - Establishment of certain State Executive Bodies 197. State Commissions (1) There shall be established for each State of the Federation the following bodies, namely - (a) State Civil Service Commission; (b) State Independent Electoral Commission; and (c) State Judicial Service Commission. (2) The composition and powers of each body established by subsection (1) of this section are as set out in Part II of the Third Schedule to this Constitution. [Part II Third Schedule] (3) In appointing Chairmen and members of boards and governing bodies of statutory corporations and companies in which the Government of the State has controlling shares or interests and councils of Universities, Colleges and other institutions of higher learning, the Governor shall conform with the provisions of section 14(4) of this Constitution. 198. Appointment of chairman and members Except in the case of ex-officio members or where other provisions are made in this Constitution, the Chairman and members of any of the bodies so established shall, subject to the provisions of this Constitution, be appointed by the Governor of the State and the appointment shall be subject to confirmation by a resolution of the House of Assembly of the State. 137 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations199. Tenure of office of the members (1) A person who is a member of any of the bodies established as aforesaid shall, subject to the provisions of this Part, remain a member thereof – (a) in the case of an ex-officio member, whilst he holds the office by virtue of which he is a member of the body; (b) in the case of a person who is a member by virtue of his having previously held an office, for the duration of his life; and (c) in the case of a person who is a member otherwise than as an ex-officio member or otherwise than by virtue of his having previously held an office, for a period of five years from the date of his appointment. (2) A member of any of the bodies shall cease to be a member if any circumstances arise that, if he were not a member of the body, would cause him to be disqualified for appointment as such a member. 200. Qualification for membership (1) No person shall be qualified for appointment as a member of any of the bodies aforesaid if – (a) he is not qualified or if he is disqualified for election as a member of a House of Assembly, provided that a member of any of the said bodies shall not be required to belong to a political party and, in the case of the State Independent Electoral Commission, he shall not be a member of a political party; (b) he has within the preceding ten years, been removed as a member of any of the bodies or as the holder of any other office on the ground of misconduct. (2) Any person employed in the public service of a State shall not be disqualified for appointment as Chairman or member of any of such bodies, provided that where such a person has been duly appointed, he shall on his appointment be deemed to have resigned his former office as from the date of the appointment. [Section 200(1(a) is altered by the Constitution of Federal Republic of Nigeria (First Alteration Act) 2010] 138 The Constitution of the Federal Republic of Nigeria Updated with the First, Second, Third, Fourth and Fifth Alterations(3) No person shall be qualified for appointment to any of the bodies aforesaid, if, having previously been appointed as a member otherwise than as an ex-officio member of that body, he has been re-appointed for a further term as a member of the same body. 201. Removal of members (1) Any person holding any of the offices to which this section applies shall only be removed from that office by the Governor of that State acting on an address supported by two-thirds majority of the House of Assembly of the State praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct. (2) This section applies to the offices of the Chairmen and members of the State Civil Service Commission, the State Independent Electoral Commission and the State Judicial Service Commission. 202. Independence of certain bodies In exercising its power to make appointments or to exercise disciplinary control over persons, the State Civil Service Commission, the State Independent Electoral Commission and the State Judicial Service Commission shall not be subject to the direction and control of any other authority or person. 203. Quorum and decisions (1) The quorum for a meeting of any of the bodies established by