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The Presidential Executive Order NO. 00-14 of 2023 On the Facilitation and Management Of Presidential Transition

Muhammadu Buhari, President, and Commander in Chief of The Armed Forces of The Federal Republic of Nigeria, Orders as Follows




The presidency has released the presidential executive order for the felicitation and management of presidential transition read below.


WHEREAS, sections 130, 132, and 135 of the Constitution of the Federal Republic of Nigeria, 1999 (Constitution), provide - 

For the election of a President into Office on a date to be appointed by the Independent National Electoral Commission; and

Without prejudice to section 135(1) of the Constitution, that the President shall vacate office at the expiration of a period of four years commencing from the date when the Oath of Allegiance and the Oath of Office is taken.

WHEREAS the Federal Government has realised the need for a timely and seamless transition and consequent execution of the functions of the Office of the President by a President-elect.

WHEREAS there is yet to be established, a legal framework for the facilitation and management of presidential transition; and

COGNIZANT of the need to establish an effective framework for the facilitation and management of the transition of a President-elect and assumption of office, as President.

 

NOW THEREFORE, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION, I MUHAMMADU BUHARI, PRESIDENT, AND COMMANDER-IN-CHIEF OF THE ARMED FORCES OF THE FEDERAL REPUBLIC OF NIGERIA, ORDER, AS FOLLOWS –

1. Establishment of the Presidential Transition Council

(1   There is established an ad hoc body to be known as the Presidential Transition Council (“the Council”), which shall be charged with the responsibilities of facilitating and managing presidential transition.The Council shall conduct its business in line with National Ethics, as espoused in section 23 of the Constitution.

 

2. Composition of the Council

1)      The Council shall consist of the –

a)       Secretary to the Government of the Federation, who shall be the Chairperson.

b)      Head of the Civil Service of the Federation.

c)       Solicitor-General of the Federation and Permanent Secretary, Federal Ministry of Justice.

d)      Permanent Secretaries from the Ministries and Offices responsible for –

i)        Defence,

ii)       Interior,

iii)     Finance, Budget, and National Planning,

iv)     Foreign Affairs,

v)       Information and Culture,

vi)     Federal Capital Territory Administration (FCTA) (vii) Special Duties and Intergovernmental Affairs,

vii)   Cabinet Affairs, Office of the Secretary to the Government of the Federation (OSGF),

viii)  General Services, OSGF,

ix)     Political and Economic Affairs Office, OSGF,

x)       State House.

e)      National Security Adviser.

f)        Chief of Defence Staff.

g)       Inspector-General of Police.

h)      Director General, National Intelligence Agency.

i)        Director General, State Security Services.

j)        Clerk of the National Assembly.

k)       Chief Registrar of the Supreme Court of Nigeria; and

l)        two representatives, to be nominated by the President-elect.

 

2)      The Chairperson of the Council shall appoint for the Council, a Secretary, who will serve as the Head of the Secretariat.

3)      The Secretary appointed under subparagraph (2) of this paragraph shall be of a rank of Permanent Secretary or a Special Adviser to the President or its equivalent.

4)      The representatives referred to in subparagraph (1)(l) of this paragraph shall be admitted joining the Council after –

a)       the declaration of the election results by the Independent National Electoral Commission, and upon the issuance of Certificate of Return; and

b)      undergoing background checks and obtaining security clearance.

 

5)      3. Functions and powers of the Council

(1)    The Council shall be responsible for -

(a)    facilitating and managing the handing over process by the outgoing President to the President-elect.

(b)    organising for the security of the President-elect and the Vice-President elect.

(c)     providing the President-elect classified briefing on the nation’s security matters post-elections, particularly –

(i)      threats to national security,

(ii)    covert military operations, and

(iii)   pending decisions on possible uses of military force.

(d)    coordinating the briefings of the President-elect for other sectors by relevant public officers.

(e)    organising necessary facilities, including furnished office and personnel for the President-elect, Vice-President-elect and their transition team.

(f)      facilitating communication between the outgoing President and the President-elect.

(g)    organising the swearing in ceremony; and

(h)    carrying out such other activities, as are necessary to prepare the President-elect to assume duty.

(2)    The Council shall have powers to execute its functions under this Executive Order.

(3)    The Council may, where it deems necessary, establish sub-committees for the effective performance of its functions under this Executive Order.

(4)    The Council may co-opt into the membership of a sub-committee, persons whose knowledge and skills are considered necessary for the functions of the Council.

(5)    Except as otherwise provided in this Executive Order, the Council may determine its own procedure.

6)      4. Meetings of the Council

(1)    The quorum for the conduct of a meeting of the Council shall be two thirds of all the members of the Council.

(2)    The Chairperson of the Council shall convene the first meeting, six months prior to the expiration of the term of the incumbent President.


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