Peaceful Constitutional Transfer of Presidential Powers, if, AND HOPEFULLY WHEN, "Electoral Vapor" is Declared to be "Electoral Vapor"

EVIDENCE ABOUNDS IN THE PUBLIC DOMAIN on the fact that Bola Tinubu is not qualified to be elected President (his dual-citizenship, lying under oath on his voluntarily acquired citizenship, HIS ALPHA BETA CRIMES...: see: https://www.dhirubhai.net/posts/activity-7059845527139442688-Uf15?utm_source=share&utm_medium=member_desktop). Any one of these can be acted upon SWIFTLY to NULIFY Tinubu's VAPOROUS Presidency anyday anytime before May 29th. The question is, if or when this happens, who will be inaugurated on May 29th??

It is the fear of the widely held wrong answers to this question (INTERIM GOVERNMENT, AND A PRESIDENTIAL TENURE EXTENSION) that have caused many to acquiesce to a Presidency they know in their hearts and minds is the equivalent of "a native fisherman paddling his wooden Canoe joyfully, IN THE SKY".?

Through this article, I intend to establish that an "Interim Government", which is a Committee of UNELECTED INDIVIDUALS WITH NO CONSTITUTIONAL BACKING: is not required in any of the possible contexts we might find ourselves in, SHOULD WE RIGHTLY AND NECESSARILLY LIBERATE OURSELVES FROM THIS OBNOXIOUS ALPHA BETA, COCAINE AND MONEY LAUNDERING TARNISHED MONSTRUOUS ABBERATION THAT'S PRESENTLY AN UNBEARABLE BURDEN ON THE SOUL OF THE NATION.?

Also, the notion that Section 135:3 which provides for the extension of the Incumbent President's tenure by Maximum - Six months (in the first instance)...: the fear that this is the applicable constitutional requirement in the context is erroneous. It ignores the letter of that provision which states that it kicks in if "it is not practicable to hold elections", e.g. in the event of a pervasive war. In our present context, IT IS PRACTICABLE TO HOLD ELECTIONS, AND PRESIDENTIAL ELECTIONS HAVE BEEN CONDUCTED: AND CAN BE CONDUCTED. So the fear of tenure extension being another alternative can be safely discarded. It is not applicable in anyway to our present situation.

Now that we have set aside the unlawful or erroneous options FEARED by MANY, let us now begin to construct the constitutional resolutions of the probable scenarios we might face, and should indeed seek to skillfully, boldly, and seamlessly navigate, successfully.??

Section 136:2 (section 136 sub-section 2 of the Constitution) requires INEC to conduct elections IMMEDIATELY, if "the persons DULY elected as President and Vice-President die or are unable FOR ANY REASON WHATSOEVER to assume office BEFORE THE INAUGURATION OF THE NATIONAL ASSEMBLY". The circumstance we would be in upon the invalidation of the ALPHA BETA INVALID PRESIDENCY falls into the "for any reason whatsoever" band. So, INEC would ordinarily be required to conduct elections IMMEDIATELY to fill both offices (same election: i.e. for our President and Vice President): HOWEVER note that the election has already begun - the first round has already been conducted, and most importantly, also note that THE PERSONS WERE NOT "DULY ELECTED" (assuming this is declared so: THE BASIS FOR THIS ENTIRE ARTICLE).?

So, based on S136:2 of the constitution, IN THE EVENT THAT TINUBU'S INVALID PRESIDENCY IS NULLIFIED BEFORE THE INAUGURATION OF THE INCOMING NATIONAL ASSEMBLY, WHAT INEC WILL BE CONSTITUTIONALLY REQUIRED TO DO IS TO CONCLUDE THE INCONCLUSIVE ELECTIONS BY CONDUCTING RUN-OFF ELECTIONS BETWEEN PDP AND LP IMMEDIATELY (BASED ON THE HIGHLY DISPUTED FIRST ROUND RESULTS RELEASED BY INEC), AND INEC MUST BE PREPARED TO DO THIS: IMMEDIATELY, SHOULD TINUBU'S INVALID PRESIDENCY BE CORRECTLY PROCLAIMED TO BE WHAT IT IS: INVALID: HE IS NOT QUAIFIED TO CONTEST.

START PREPARING NOW, INEC. If INEC does this successfully, on May 29th 2023, we will have a duly elected President Elect to swear in, not this present "bus stop" the country is in where it feels like what they're trying to do on the 29th of May is not to SWEAR in a President, but "TO SWEAR FOR THE ENTIRE COUNTRY": "AN ALPHA BETA SWEAR". Did I hear you say: GOD FORBID BAD...

Before we proceed further, let us emphasize that this first option described above is the preferred resolution: being that we will have a new Duly Elected President to swear in on May 29th 2023, so I REITERATE FROM A NATIONAL RISK MANAGEMENT PERSPECTIVE, INEC MUST BE PREPARED TO RESPOND AT THE SPEED OF LIGHT TO THE NEED TO DO THE RUN-OFF ELECTION.

Having said that, let's proceed to considering the scenario where INEC is unable to CONCLUDE THE ELECTIONS BEFORE THE THE EXPIRATION OF THE TENURE OF THE PRESIDENT AND VICE PRESIDENT: MAY 29TH 2023: WHAT SHOULD WE DO? WHAT DOES THE CONSTITUTION REQUIRE US TO DO??

S146:2 states that: "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".?

So, when there is "total vacancy" in the Presidency, the Senate President is empowered to occupy the office of President for a period "NOT MORE THAN THREE MONTHS" (IT CAN AND SHOULD BE LESS). Though S146:2 is scoped to total Presidential vacancies created when "the office of President becomes vacant by reason of death or resignation, impeachment, permanent incapacity or the removal of the President from office for any other reason in accordance with section 143 of this Constitution" (and there is no VP to replace him): when we read this in conjunction with S136:2 which states that INEC should conduct elections immediately if "the persons duly elected as President and Vice-President die or are unable for any reason whatsoever to assume office BEFORE THE INAUGURATION OF THE NATIONAL ASSEMBLY": why does it say "BEFORE THE INAUGURATION OF THE NATIONAL ASSEMBLY"? Because the drafters of the constitution held that after the inauguration of the National Assembly, such total Presidential vacancies (i.e. No President and also no Vice President to replace him) shall immediately be filled by the Senate President as laid out in S146:2.?

So, if INEC needs one month AFTER the inauguration of NASS to conclude the Presidential election, the Senate President can be authorized by a NASS resolution, to serve as ACTING PRESIDENT for one month (for example), after which the substantive President shall be sworn into office to serve his full four year tenure.?

The commencement pronouncement for the 8th NASS was issued on May 30th by Buhari and the NASS held their first sitting on the 11th of June 2019 (https://www.premiumtimesng.com/news/top-news/333328-controversy-over-buharis-proclamation-letter-for-inauguration-of-9th-assembly.html?tztc=1). Therefore, the earliest date the new NASS can commence sitting is on the 11th of June 2023.?

We will therefore need a BRIDGE ACTING PRESIDENT from the OUTGOING NASS to serve as ACTING PRESIDENT TILL HIS TENURE EXPIRES, AFTER WHICH HE WILL HAND OVER TO THE SENATE PRESIDENT OF THE INCOMING NASS TO SERVE AS ACTING PRESIDENT FROM THEN TILL WHEN INEC CONCLUDES THE PROCESS OF DECLARING A SUBSTANTIVE PRESIDENT.

Take note: on the 29th of May 2023, the tenure of the President and Vice President will end (i.e. Buhari and Osinbajo): however, the tenure of the Senate President (i.e. Lawan) will run till the 10th of June 2023 i.e. four years after the date of first sitting as per Section 64:1 of the Constitution which states that: "The Senate and the House of Representatives shall each stand dissolved at the expiration of a period of four years commencing from the date of the first sitting of the House."

So, via a NASS REOLUTION Lawan, as Senate President will be authorized to serve as Acting President till 12midnight on the 10th of June 2023 (i.e. till his tenure expires).

One matter still needs to be resolved: if to have an Incoming Senate President, you need an Incoming NASS, and to have a NASS, you need a President "to issue a proclamation for the holding of the first session of the National Assembly immediately after his being sworn in" as per Section 64:3 of the Constitution, and the Acting President we want to swear-in on June 11th will be in the NASS to be inaugurated: WHO WILL ISSUE THIS COMMENCEMENT PROCLAMATION??

This is where what I refer to as: Pre-declared Commencement Proclamation comes into play.

Conventionally, it is the newly sworn in President that issues the Dissolution Proclamation for the outgoing NASS (which otherwise naturally occurs at the expiration of their tenure) and the Commencement Proclamation for the incoming NASS. However, since the Acting President to be sworn in is in the Incoming NASS (the Senate President to be elected by it), then the Incumbent President (the Acting President - Lawan), before his tenure expires at midnight on June 10th, will have to Issue both the Dissolution Proclamation for the Outgoing NASS and also the Commencement Proclamation for the Incoming NASS, dated appropriately, to crystalize at the appropriate time, which will be after the expiration of his tenure (first sitting should naturally be on the 11th of June 2023, as early in the day as possible). This will be the same as any contract the President enters into on behalf of the country that continues to be valid after his tenure. And the requirements of S64:3 that only elected and sworn-in Presidents can make these proclamations will be satisfied, being that these attainments are vested on the Acting President, by virtue of S146:2.?

So we have a Constitutionally Air-tight Peaceful Presidential Power Transfer mechanism, should the Invalid VAPOROUS Presidency of Tinubu be correctly proclaimed as INVALID by a statutorily empowered entity, and INEC subsequently is unable to conclude the run-off elections required to get a Substantive President (if a run-off is needed) before May 29th, and also before June 10th 2023.?

We should also state that: IF INEC CAN CONCLUDE THE PRESIDENTIAL ELECTION SOMETIME BETWEEN MAY 29TH AND JUNE 9TH/10TH, THEN, WE CAN SWAER-IN A SUBSTANTIVE PRESIDENT ON THE 11TH OF JUNE 2023 (OR AS SOON AS THE ELECTIONS ARE CONCLUDED AND WE ARE PREPARED TO DO IT, IF BEFORE THAT DAY).

Once again I state that, IDEALLY, WE MUST TRY OUR BEST TO HAVE OUR PRESIDENT READY TO BE SWORN-IN ON MAY 29TH 2023, WHICH MEANS INEC MUST START GETTING READY NOW TO MAKE SURE IT CAN CONDUCT ELECTIONS IN JUST A COUPLE OF DAYS AFTER THE NEED ARISES as per S136:2, IF THE NEED ARISES, DUE TO THE INVALID PRESIDENCY OF TINUBU BEING CORRECTLY DECLARED TO BE INVALID, BY A COMPETENT AUTHORITY. But if that is not feasible, then we will simply resolve to an Acting President that will hand over to either the Substantive President before June 11th 2023, or to a Bridge Acting President that hands over to the Substantive President - should INEC conclude the run-off elections between LP and PDP after the 10th of June 2023.

THIS ENTIRE PROCESS IS FULLY COMPLIANT WITH OUR CONSTITUTION.?

The fear of many that an Interim Government, comprising UNELECTED PERSONS, operating beyond the bounds of our constitution, OR that a war era emergency extension of the tenure of the incumbent President, are the only options we have as a nation to SWEARING IN A CANDIDATE MOST NIGERIANS BELIEVE DID NOT WIN THE ELECTION, AND THAT WE HAVE EVIDENCE IN THE PUBLIC DOMAIN OF MULTIPLE REASONS WHY HE IS NOT EVEN QUALIFIED TO BE ELECTED PRESIDENT (i.e. HE SHOULD NOT HAVE EVEN PARTICIPATED IN THE ELECTION - AT ALL): by this article, hopefully, Nigerians have been totally liberated from this illusionary constraint.?

Our constitution provides lawful means for PEACEFUL Presidential Power Transfer in our unique context: we must now all do our duty to diligently implement THE SACRED CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, AS ASTUTE DEMOCRATS.