In my option this proposal is an illegal and unconstitutional fudge.The authors tell us that they “put forward these proposals in the belief that the situation our country confronts calls for principled commitment to the values of our constitution and non-partisan defence of the well-being of its people.”
I would be interested to know which section of the Constitution empowers “the FEC [to] authorise as a matter of utmost national priority a seven-person official delegation [comprising a) the Secretary to the Federal Government as the head; b) the National Security Adviser; c) the Personal Physician to the President; d) the Minister of Health; e) two medical experts designated by the Nigerian Medical Association; and f) an expert on medical law nominated by the Nigerian Bar Association] to visit Saudi Arabia to dispassionately verify the clinical condition of the President.
The authors noted that the President failed to invoke the provision of section 145 of the Constitution: “Prior to his medical evacuation, the President did not transmit or execute any instrument temporarily transferring the powers of his office to the Vice-President. As a result, Nigeria suffers an extraordinary leadership vacuum. Many public officers are profiting from this vacuum, acting illegally and praying that it continues interminably.”
The Constitution is very clear on the consequences of the failure by the President to invoke the Constitution; and the authors make that point: “Section 144 of the Constitution saddles the Federal Executive Council (FEC) with an exceptional responsibility”. But for some reasons they then went on to propose an unconstitutionality that cannot be sustained in law.
For the avoidance of any doubt the correct procedure under section 144 is very clear and unambiguous:
i.The Federal Executive Council passes a resolution by two-thirds majority of all the members declaring that the President is incapable of discharging the functions of his office.
ii.The President of the Senate appoints a medical panel of five medical practitioners in Nigeria comprising the President’s personal physician and four other medical practitioners who have, in the opinion of the President of the Senate, attained a high degree of eminence in the field of medicine relating to the President’s illness.
iii.After such medical examination as may be necessary, the medical panel verifies the declaration by the Federal Executive Council in a report to the President of the Senate and the Speaker of the House of Representatives.
iv.If the medical panel certifies in the report that in its opinion the President is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice to that effect is signed by the President of the Senate and the Speaker of the House of Representatives and published in the Official Gazette of the Government of the Federation.
v. The President ceases to hold office as from the date of publication of the notice of the medical report and the Vice President becomes President by virtue of section 146 of the Constitution.
There is no constitutional provision that allows the FEC “[to] authorise as a matter of utmost national priority a seven-person official delegation comprising a) the Secretary to the Federal Government as the head; b) the National Security Adviser; c) the Personal Physician to the President; d) the Minister of Health; e) two medical experts designated by the Nigerian Medical Association; and f) an expert on medical law nominated by the Nigerian Bar Association] to visit Saudi Arabia to dispassionately verify the clinical condition of the President.
It is quite astounding that senior lawyers should be putting their names to this sort of unconstitutionality. I am particularly disappointed with Dr Sam and Dr Chidi who lampooned the G53 proposal only to come up with the damp squid nearly a month after.
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