Sunday, March 31, 2002

Alukome@aol.com

 

 

Contents:

Introduction: “Can You Please Come With Us?”

Problem 1:  Enforced Partnerships

Problem 2:  Undefined Constitutional Roles

Problem 3:  Nebulous Temporary Succession Provisions

Problem 4:  Over-Reaching Unitary “Federal” Constitution

Epilogue

 

 

INTRODUCTION : “CAN YOU PLEASE COME WITH US?”

 

A curious thing happened this week – or did it?

 

No, I don’t mean the Supreme Court ruling on the Electoral Act – discussions about that legal bashing of the Executive and the National Assembly will have to wait.

 

The story is told that on Wednesday, March 27, 2002, at a Federal Executive Council meeting in Abuja, one Sir Stanley Ohajuruka, Speaker of the House of Assembly of Abia State, was comfortably ensconced on a seat “Acting” confidently as  Governor for the substantive governor Dr. Orji Kalu.  Kalu  was  “on vacation” – or was he attending those two-week Abia State University, Uturu courses towards the completion of his 1982  University of  Maiduguri university degree, no one quite knows.   His suspended deputy governor, Dr. Eyinnaya  Abaribe, was  conveniently out of the way, so Kalu had written to the said Speaker (in accordance with his interpretation of the 1999 Constitution) to take over the governorship in his absence.

 

Anyway, so imagine Sir Ohajuruka’s consternation when, while awaiting for the “tra-la” entrance of President Obasanjo, a securocrat with a walkie-talkie tapped him on his shoulder, asked to have a chat with him outside the ornate chamber  - “Can you please come with us, sir?” -  following which he was quietly marched to his waiting gubernatorial limousine outside.  This was after another securocrat had helped him to retrieve the state-matters-filled briefcase that he had left behind in the presidential chamber.

 

The meeting is said to have proceeded without him, with the other attendees blissfully ignorant of the happenings.

 

But strange things do happen in Nigeria:  Sir Ohajuruka has since denied that any of this happened, admitting only that routine questions were appropriately asked of him  at the entrance gates of Aso Rock, after which he was happily waved through!  According to him, he sat through the entire proceedings, and even contributed, including a cough here and a laughter there.

 

His denial  leads to a serious head-scratching.: Did this event happen or not as reported by three  newspapers  and their reporters:   Paul Odenyi of Comet, Rotimi Ajayi of Guardian and Madu Onuorah and Vanguard ?  So who to believe?  If the story is untrue, what should happen to Odenyi, Ajayi and Onuorah?

 

Good questions -  but not as important as some other questions!  No matter the authenticity or otherwise  of the reports, the (non)incident throws up, once again, the nagging problem of our Governors and their Deputies.  The story in the land has been that, despite the fact that they are elected on a joint political ticket,  in general their relationship has  been like that of the lion and the lamb, between Cain and Abel.

 

Here is a list of unhappy odd couples (any omissions highly regretted):

 

           State:         Governor v. Deputy Governor

Lagos:         Bola Tinubu v.  Kofo  Bucknor-Akerele

Osun;          Bisi Akande v. Iyiola Omisore

Abia:           Orji Kalu v. Eyinanya Abaribe

Anambra:     Chinwoke Mbadinuju v. Emeka Chinedu

Ebonyi:        Sam Egwu v. Emmanuel Isu

Cross-River:  Donald Duke v. John Okpa

Jigawa:         Ibrahim Turaki  v.  Ibrahim Kwatolo 

(since replaced by Alhaji Lebale Shittu uponKwatolo’s honorable resignation)

Kogi:  Abubakar Audu  v. Patrick Adaba

 

 

One grants that the list is only  eight  states out of thirty-six : the Anambra case seems to have subsided somewhat, nevertheless it has been replaced by Mbadinuju/Offor “roforofo”.  However,  certainly the Osun and Abia cases have now graduated from local embarrassment to national prominence, what with Chief Bola Ige’s December 23 2001 assassination being a possible outcome of the Akande/Omisore imbroglio.

 

So how did we get to this sorry pass, and how might we get out of it?

 

 

PROBLEM 1: ENFORCED PARTNERSHIPS

 

 

QUOTE FROM THE 1999 CONSTITUTION

 

186. There shall be for each State of the Federation a Deputy Governor.

 

187. 

(1) In any election to which the foregoing provisions of this Part of this Chapter relate,  a candidate for the office of Governor of a State shall not be deemed to have been validly  nominated for such office unless he nominates another candidate as his associate for  his running for the office of Governor, who is to occupy the office of Deputy Governor;  and that candidate shall be deemed to have been duly elected to the office of Deputy  Governor if the candidate who nominated him is duly elected as Governor in accordance  with the said provisions.

 

(2) The provisions of this Part of this Chapter relating to qualification for election,  tenure of office, disqualifications, declaration of assets and liabilities and Oath of  Governor shall apply in relation to the office of Deputy Governor as if references to  Governor were references to Deputy Governor.

 

UNQUOTE

 

From the above, the Nigerian Constitution stipulates a JOINT ELECTED TICKET for the governor and deputy-governor, the latter being considered just AS ELECTED as much as the governor.  This is unlike some states in the United States of America where each position is separately  contested for by individuals who might actually end up coming from different political parties.  [For example, Alabama, Louisiana, Maine, Rhode Island, South Carolina, Tennessee currently have such split Gov. – Lt. Gov.  tickets.  All states have tickets with  4-year terms except New Hampshire and Vermont, which have 2-year terms.]

 

It is elementary that given the choice, one would like to choose – or like to have a very strong hand in choosing - one’s own deputy, within certain reasonable political parameters.  During the campaign stage, for a joint political ticket, that deputy should be able to add substantial votes to the ticket, or at the very worst should not be a liability that would cost votes.   Upon election, that choice,  for a successful partnership, must be of a person who is respectful of  and loyal to the governor, complementary to his vision, compatible with his style of action, and competent enough to step in as “acting governor” if and  when needed, or as substantive governor if the elected governor is permanently incapacitated. 

 

Respect, loyalty, complementarity, compatibility, and competence leading to mutual confidence are the key words here that should define the relationship between the Governor and his deputy.

 

However, if the MOST IMPORTANT political calculations are the votes a deputy adds to the election prospects and/or the money he brings to the party kitty, without giving much mind to the ingredients for successful partnership,  then a recipe for disaster ensues.  This is what has apparently been the lot of many of the states, particularly Lagos and Osun.

 

So what to do? 

 

I believe that a gubernatorial candidate should,  following negotiations,  be allowed to present three candidates as possible running mates to his party, before he is ratified as the party’s gubernatorial candidate.  Once he is ratified, he should then be absolutely free to choose ANY of those candidates as his substantive running mate in  the election itself.  Alternatively, one could adopt what I term the “Alaska State model”:   the Governor and Deputy Governor can run on separate tickets in the party’s primary election, and  then get paired up as a team in the General Election.  The “Texas State  model”  is also unique and worth investigating: the State Senate (in the Nigerian case, the State Assembly) gets to elect one of its own to serve the double substantive roles of Senator/President of the Senate (legislator) AND Lieutenant-Governor (Executive).

 

 

PROBLEM 2:  UNDEFINED CONSTITUTIONAL ROLES

 

QUOTE FROM THE CONSTITUTION

 

Section 5:

 

2) Subject to the provisions of this Constitution, the executive powers of a State:

 

(a) shall be vested in the Governor of that State and may, subject as  aforesaid and to the provisions of any Law made by a House of Assembly,  be exercised by him either directly or through the Deputy Governor and  Commissioners of the Government of that State or officers in the public
service of the State; and

 

Section 193.

 

(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 which he is required  by this Constitution to seek the advice or act on the recommendation of  any other person or body.

 

UNQUOTE

There is the axiom that the Devil finds work for idle hands.  I believe that that axiom is partly at work in the case of Deputy Governors in Nigeria.  This is because our constitution does not specify any particular role for the Deputy Governor, leaving him completely at the mercy of the Governor.  Furthermore his or her competence cannot be established independent of that of the governor. 

 

Indeed, that is how it is in some states in the US eg Wisconsin, Florida, where there is no constitutional role for the Lieutenant Governor outside of succeeding the Governor in the event of permanent incapacitation or vacancy. However, I believe that if the position exists, then it should have DEFINITE constitutional role:  let then be CONSTITUTIONALLY in charge of  local government, education, women and sports,  parks and gardens  – something -   so that the Deputy Governor can have something definite to look to each day, rather than look up to the Governor! For example, in the state of  Alaska here in the US,  the Lieutenant Governor  serves in the same capacity as a Secretary of State.  He presides over the state senate in Arkansas, Virginia, Pennsylvania, etc.  but casts a vote only in the event of a tie. In Pennsylvania, he also serves as Chairman of the Board of Pardons, which reviews applications for reprieve, commutation of sentences, and pardons. In Ohio, the Lieutenant Governor  serves as chairman of the 13-member State and Local Government Commission.

 

On the other hand, West Virginia's state constitution is unlike most others in that it does not provide for a Lieutenant Governor. In that state, if  the governor is unable to perform his or her duties the President of the State Senate is designated as next in line of succession, followed by the Speaker of the House of Delegates.  This state of no deputy governor in Nigeria is probably what Alhaji Ahmed Jimkashi, the deputy governor of Katsina State had in mind when he recently  called for the abolition of the office as he sees it as an “unnecessary drain pipe on the purse of the state.”

 

These examples are given merely to show the richness of American federalism,  and  the individual state’s efforts to outline clearly (and admirably)  the functions of their Lieutenant  (Deputy)  Governor.  Since at this time we run the United States model of governance, we should not close our eyes to their various examples.

 

 

PROBLEM 3: NEBULOUS TEMPORARY SUCCESSION PROVISIONS

 

 

QUOTE FROM THE CONSTITUTION

 

Section 181 -

 

(1) If a person duly elected as Governor dies before taking and subscribing the Oath
of Allegiance and oath of office, or is unable for any reason whatsoever to be sworn in,  the person elected with him as Deputy governor shall be sworn in as governor and he  shall nominate a new Deputy-Governor who shall be appointed by the Governor with the  approval of a simple majority of the House of Assembly of the State.

 

(2) Where the persons duly elected as Governor and Deputy Governor of a State die  or are for any reason unable to assume office before the inauguration of the house of  Assembly, the Independent National Electoral Commission shall immediately conduct an election for a Governor and Deputy Governor of the State.

 

 

190. Whenever the Governor transmits to the Speaker of the House of Assembly a written declaration that he is proceeding on vacation or that he is otherwise unable to discharge the functions  of his office, until he transmits to the Speaker of the House of Assembly a written declaration to the  contrary such functions shall be discharged by the Deputy Governor as Acting Governor.

 

191.

 

(1) The Deputy Governor of a State shall hold the office of Governor of the State if the  office of Governor becomes vacant by reason of death, resignation, impeachment,  permanent incapacity or removal of the governor from office for any other reason in  accordance with section 188 or 189 of this Constitution.

 

(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 the 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.

 

 

UNQUOTE

Only the dead have no ambitions.  There is NOTHING wrong for a deputy to have an ambition to become governor.  Nevertheless, that ambition should not be to DISPLACE the governor DURING his current term, or to undermine him in such a manner that the governor’s re-election, should he desire to re-contest, would be in serious jeopardy.  A sense of decency  and loyalty would demand early resignation in that case.

 

Indication of this “succession itch” is inherent in the attitude of a deputy governor to temporary succession provisions in the constitution.  Does he jump at every opportunity to be “acting governor”, following which he makes a flurry of executive decisions?

 

More relevant is the fact that in the Nigerian constitution,   nebulous provisions for temporary succession exist.    For example in Section 190 we read that: “Whenever the Governor transmits to the Speaker of the House of Assembly a written declaration that he is proceeding on vacation or that he is otherwise unable to discharge the functions  of his office, until he transmits to the Speaker of the House of Assembly a written declaration to the  contrary such functions shall be discharged by the Deputy Governor as Acting Governor.” Is  the “contrary” word a subjunctive to when Governor  is no longer able to discharge the functions or does it apply to  giving “contrary instruction” as to whether the Deputy Governor shall act or not?  Does Section 193: “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.” not give the governor the prerogative to choose EITHER the (elected) Deputy Governor OR any of the (unelected) state commissioners to act in a capacity  such as  Governor?

 

These  are questions that the courts in Nigeria will still have to decide, possibly sooner than later as the Ebonyi case between Governor Egwu and Deputy Governor Isu winds its legal way along.

 

The lesson is that there is much room for less ambiguity in our constitution.  I have provided in the Appendix examples of three states in the US in which succession provisions are CLEAR and UNAMBIGUOUS.

 

 

PROBLEM 4:  AN OVER-REACHING, UNITARIZING “FEDERAL” CONSTITUTION

 

There are two particular issues worth noting here over this Aso-Rock Deputy Governor debacle:

 

(i)                   Over-reach of the Constitution in terms of the composition of the Council of State

 

 

QUOTE FROM THE CONSTITUTION

 

THIRD SCHEDULE

 

B - Council of State

 

5. The Council of State shall comprise the following persons:

 

(a) the President, who shall be the Chairman;

(b) the Vice-President, who shall be the Deputy Chairman;

(c) all former Presidents of the Federation and all former Heads of the Government of the Federation;

(d) all former Chief Justices of Nigeria;

(e) the President of the Senate;

(f) the Speaker of the House of Representatives;

(g) all the Governors of the states of the Federation; and

(h) the Attorney-General of the Federation.

 

(6.) The Council shall have power to:

 

(a) advise the President in the exercise of his powers with respect to the:-

(i) national population census and compilation, publication and keeping of records and other information concerning the same;

(ii) prerogative of mercy;

(iii) award of national honours;

(iv) the Independent National Electoral Commission (including the appointment of members of that Commission);

(v) the National Judicial Council (including the appointment of the members, other than ex-officio members of that Council); and

(vi) the National Population Commission (including the appointment of members of that Commission); and

(b) advise the President whenever requested to do so on the maintenance of public order within the Federation or any part thereof and on such other matters as the President may direct.

 

UNQUOTE

 

Quite apart from the untidy howler that our current Council includes some failed former heads of states, military dictators and an  81-day civilian head of state  “wonder”, there is something INTRINSICALLY wrong when a Constitution saddles a sitting president with an advisory Council comprising even legitimate FORMER PRESIDENTS  and HEADS of STATES who may have diametrically opposite philosophical and political  views from him.   They may even be his political enemies of him.  He may have just beaten one of them in the last presidential election, but now they must sit in an advisory council to him. 

 

Let us imagine if this law had existed in Mexico where for the past 70 years or so a party had been providing the President of the country.  Now, the president of another party provides a president in the person of Vincente Fox – and he is required to have as his advisory council ALL THE PAST presidents of the other party!  What a mess that would be!

 

The upshot is that while a council of advisors to the president may be stipulated  by law, its membership should be COMPLETELY free of this kind of rigid  stipulation of composition.  Besides, the Council of State, being such a hodgepodge of members of the Executive, the Legislature and the Judiciary militates in a fundamental way against the concept of  separation of powers.  Such “chuminness” while not completely avoidable, should not be so constitutionally entrenched.  Finally, the constitutional requirement for governors to meet with the president is an unnecessary carry-over from our unitary military antecedents.

 

 

(ii)                 Anti-federal Over-reach by  provisions for state

 

 

Our 1999 Constitution unitarizes our states by making rules that encompass all the states unnecessarily.   On this issue of Deputy Governors, I believe that each state should be left to determine the parameters of their duties.   The richness of American federalism is the variety of ways  with which the states govern themselves, and the internal examples  of success (or failure) which the different models then  provide.

 

 

 EPILOGUE

 

 

Almost every week,  an occasion arises in our polity whereby the weakness of our Constitution in terms of rigour gets thrown up.  The need for its  amendment with a fine  tooth-comb – particularly via a Sovereign National Conference – cannot be over-emphasised.  Its language must  be tightened and it should  be shed of its many anti-federalist, unito-military proclivities. States should have their own constitutions, following which the Federal Constitution should be shorn of many  of its provisions for states.

 

BIBLIOGRAPHY:

 

http://www.vanguardngr.com/news/articles/2001/November/24112001/f1241101.htm

Deputy Govs’ Troubles: Anger in Jigawa, Fear looms in Abia

Vanguard 24th October, 2001

http://allafrica.com/stories/200201170059.html

Deputy Governors: When the Issue is Beyond Ambitions

This Day (Lagos) ANALYSIS January 17, 2002

http://allafrica.com/stories/200201230304.html

AD to Omisore, Kofo: Resign Or Be Suspended

This Day (Lagos) January 23, 2002

http://allafrica.com/stories/200203290405.html

Our Decision is Constitutional, Says Ebonyi Government

Vanguard (Lagos) March 29, 2002

http://www.thisdayonline.com/news/20020326news02.html

Drama as Kofo Graces Tinubu's 50th Birthday

This Day March 26, 2002

 

http://allafrica.com/stories/200203270050.html

Cross River Assembly: A House Divided Against Itself?

This Day (Lagos) March 27, 2002

 

http://www.cometnews.com.ng/28032002/nn99902.htm

Acting Governor walked out of meeting

The Comet, March 28, 2002  [Reporter: Paul Odenyi, Abuja]

 

http://allafrica.com/stories/200203280533.html

Abia AG Governor Walked Out of Council of State Meeting

Vanguard (Lagos) March 28, 2002  [Reporter: Rotimi Ajayi]

 

http://www.ngrguardiannews.com/news2/nn852912.html

Security operatives walk out Abia acting governor from national council meeting

Guardian, Thursday, March 28, 2002.  [Reporter:  Madu Onuorah, Abuja]

 

http://allafrica.com/stories/200203280092.html

Kogi: New LGs, the Aftermath

Daily Champion (Lagos) OPINION March 28, 2002

 

http://www.ngrguardiannews.com/news2/nn853014.html

Kalu declines comment on acting governor's exclusion from council meeting

Guardian Friday, March 29, 2002.

http://www.thisdayonline.com/news/20020330news04.html

'Nobody Walked Me Out of Council of States Meeting'
As Kalu defends return to school

This Day March 30, 2002

 

http://www.senate.state.tx.us/75r/LtGov/Duties.htm

Duties and Powers of the Lieutenant Governor of Texas

 

 

APPENDIX:

 

INFORMATION ON LIEUTENANT GOVERNOR OF MARYLAND, NEW YORK AND KANSAS STATES, USA

http://www.mdarchives.state.md.us/msa/mdmanual/43const/html/02art2.html
Maryland State Law

SEC. 6. (a) If the Governor-elect is disqualified, resigns, or dies, the

Lieutenant Governor-elect shall become Governor for the full term. If  the Governor-elect fails to assume office for any other reason, the  newly elected Lieutenant Governor shall become Lieutenant Governor and
shall serve as acting Governor until the Governor-elect assumes office  or until the office becomes vacant.

(b) The Lieutenant Governor shall serve as acting Governor when notified

in writing by the Governor that the Governor will be temporarily unable  to perform the duties of his office. The Lieutenant Governor also shall  serve as acting Governor when the Governor is disabled but is unable to  communicate to the Lieutenant Governor the fact of his inability to  perform the duties of his office. In either event the Lieutenant  Governor shall serve as acting Governor until notified in writing by the

Governor that he is able to resume the duties of his office or until the  office becomes vacant.

(c) The General Assembly, by the affirmative vote of three-fifths of all  its members in joint session, may adopt a resolution declaring that the  Governor or Lieutenant Governor is unable by reason of physical or mental disability to perform the duties of his office. When action is  undertaken pursuant to this subsection of the Constitution, the officer  who concludes that the other officer is unable, by reason of disability to perform the duties of his office shall have the power to call the  General Assembly into Joint Session. The resolution, if adopted, shall  be delivered to the Court of Appeals, which then shall have exclusive jurisdiction to determine whether that officer is unable by reason of  the disability to perform the duties of his office. If the Court of  Appeals determines that such officer is unable to discharge the duties of his office by reason of a permanent disability, the office shall be  vacant. If the Court of Appeals determines that such officer is unable  to discharge the duties of his office by reason of a temporary disability, it shall declare the office to be vacant during the time of  the disability and the Court shall have continuing jurisdiction to  determine when the disability has terminated. If the General Assembly  and the Court of Appeals, acting in the same manner as described above,  determine that the Governor-elect or Lieutenant Governor-elect is unable  by reason of physical or mental disability to perform the duties of the
office to which he has been elected, he shall be disqualified to assume  office.

(d) When a vacancy occurs in the office of Governor, the Lieutenant  Governor shall succeed to that office for the remainder of the term.  When a vacancy occurs in the office of Lieutenant Governor, the Governor shall nominate a person who shall succeed to that office upon  confirmation by the affirmative vote of a majority of all members of the  General Assembly in joint session. 

(e) If vacancies in the offices of Governor and Lieutenant Governor  exist at the same time, the General Assembly shall convene forthwith,  and the office of Governor shall be filled for the remainder of the term  by the affirmative vote of a majority of all members of the General  Assembly in joint session. The person so chosen as Governor by the  General Assembly shall then nominate a person to succeed to the office of Lieutenant Governor, upon confirmation by the affirmative vote of a  majority of all members of the General Assembly in the same joint  session. The President of the Senate shall serve as acting Governor until the newly elected Governor has qualified. If a vacancy exists in  the office of Lieutenant Governor, at a time when the Lieutenant  Governor is authorized to serve as acting Governor, the President of the Senate shall serve as acting Governor. If there is a vacancy in the  office of the President of the Senate at a time when he is authorized to  serve as acting Governor, the Senate shall forthwith convene and fill the vacancy.

(f) When the Lieutenant Governor or a person elected by the General  Assembly succeeds to the office of Governor, he shall have the title,  powers, duties, and emoluments of that office; but when the Lieutenant Governor or the president of the Senate serves as acting Governor, he  shall have only the powers and duties of that office. When the President  of the Senate serves as acting Governor, he shall continue to be President of the Senate, but his duties as president shall be performed  by such  other person as the Senate shall select.

(g) The Court of Appeals shall have original and exclusive jurisdiction  to adjudicate disputes or questions arising from the failure of the  Governor-elect to take office, or the service of the Lieutenant Governor or President of the Senate as acting Governor, or the creation of a  vacancy in the office of Governor or Lieutenant Governor by reason of  disability, or the succession to the office of Governor or Lieutenant Governor, or the exercise of the powers and duties of a successor to the  office of Governor (amended by Chapter 743, Acts of 1959, ratified Nov.  8, 1960; Chapter 532, Acts of 1970, ratified Nov. 3, 1970). 
-----

http://www.state.ny.us/nyscon/nyscon.html
New York State [When lieutenant-governor to act as governor]
§5. In case of the removal of the governor from office or of his or her  death or resignation, the lieutenant-governor shall become governor for  the remainder of the term.

 

In case the governor-elect shall decline to serve or shall die, the lieutenant-governor-elect shall become governor for the full term. In case the governor is impeached, is absent from the state or is  otherwise unable to discharge the powers and duties of the office of governor, the lieutenant-governor shall act as governor until the  inability shall cease or until the term of the governor shall expire.

In case of the failure of the governor-elect to take the oath of office  at the commencement of his or her term, the lieutenant-governor-elect  shall act as governor until the governor shall take the oath. (Formerly

§6. Renumbered and amended by Constitutional Convention of 1938 and  approved by vote of the people November 8, 1938; further amended by vote of the people November 8, 1949; November 5, 1963; November 7, 2001.)

http://www.ink.org/public/ltgov/duties.htm
Kansas State

Historically, the primary duties of the Lieutenant Governor were  legislative, serving as president of the Senate. These duties were  frequently limited, and the legislative duties of the Lieutenant  Governor gradually declined over the years. Senators elected from their  own ranks the president pro tem, and it was this officer rather than the

Lieutenant Governor who functioned as the real leader of the Senate. In  1972, a constitutional amendment made the Lieutenant Governor’s primary responsibility to serve as part of the executive branch, and it deleted  the provision that the Lieutenant Governor be president of the Senate.  Even though the Office of the Lieutenant Governor was substantially restructured almost three decades ago, its most vital responsibility  remains – to succeed the governor should that office become vacant.

The same 1972 Kansas Constitutional Amendment increased the term of the Governor and the Lieutenant Governor from two to four years, and beginning with the 1974 election, candidates for the office of Governor  and Lieutenant Governor have been nominated and elected as part of the
same ticket.

Regarding succession to the office of the governor, the Kansas Supreme Court has held that the absence of the Governor from the state does not entitle the Lieutenant Governor to act as Governor. The Lieutenant Governor becomes Governor only when the office becomes vacant or when  the Governor has become disabled. If by chance both the office of the  Governor and the office of the Lieutenant Governor become vacant, the  president of the Senate will assume the office of Governor.  If all three  of these offices were to become vacant the Speaker of the House would be  next in line to assume the governorship.

There is no formal provision mandating a minimum age, state residency, US citizenship or years as a qualified voter to hold the office of  Lieutenant Governor.