January 24, 2010
Following last Friday's judgment at the Federal High Court in Abuja, in which Chief Judge Dan Abutu gave the Federal Executive Council (FEC) 14 days within which to declare whether Umaru Yar'Adua is incapable of discharging the functions of his office, the lawyers to the plaintiff, Mr. Adamu Aliyu, today requested an invitation of the Attorney-General of the Federation, Michael Aondoakaa, to attend and observe the FEC meeting at which the relevant resolution will be considered.In his letter to the AGF, Mr. Bamidele Aturu said his client was concerned that the Minister was deliberately giving the impression in the press that all that the Council needs to do is pass a resolution either that the President is capable or incapable of performing the functions of his office, noting that this was wrong under the constitution, as the FEC is not a medical board.
He pointed out that the language of section 144 makes it quite clear that the only kind of resolution envisaged can only be one to declare the President incapable of discharging the functions of his office, and that the FEC "lacks the power, standing or expertise" to declare that the President to be medically capable of discharging functions of his office.
The full text of the letter to Mr. Aondoakaa is as follows:
25th January, 2010
Honourable Attorney General and Minister of Justice
Ministry of Justice
Abuja
Dear Sir,
RE: COMPLIANCE WITH JUDGMENT IN SUIT NO: FHC/ABJ/../2009 (ADAMU ALIYU & 1OR V. AGF & 1OR-EXECUTIVE COUNCIL OF THE FEDERATION CANNOT PASS A RESOLUTION THAT THE PRESIDENT IS HEALTHY
We remain the solicitors to the Plaintiffs in the above mentioned suit.
You will recall that on Friday the 22nd day of January, 2010, the learned Chief Judge of the Federal High Court, Honourable Justice Dan Abutu delivered judgment in the suit. Essentially, the court directed the Executive Council of the Federation of which you are not only a member but the legal adviser to ‘within 14 days consider, pass and publicize a resolution in accordance with section 144 of the Constitution declaring whether having regard to the absence of the President from Nigeria on medical ground since23rd November 2009, the President is incapable of discharging the functions of his office’.
Our clients are concerned that you have deliberately given the impression in the press that all that is required is for the Council to pass a resolution either that the President is capable or incapable of performing the functions of his office. Of course you know that that cannot be the position of the law on this matter.
We make bold to say that it is clear and unambiguous as to what both the Constitution and the order of the learned Chief Judge of the Federal High Court require of the Executive Council of the Federation.
For the avoidance of any doubts whatsoever, the language of section 144 does not empower the Executive Council of the Federation to give the President a clean bill of health. The provision makes it quite clear that the only kind of resolution envisaged can only be one to declare the President incapable of discharging the functions of his office. The Executive Council of the Federation lacks the power, standing or expertise to declare that the President is medically capable of discharging functions of his office. This is understandable as the Council is not a medical board. To do otherwise would be to violate the Constitution of the Republic and we trust that as the Chief Law Officer of the Federation you will not lend your weight or office to any unconstitutional and unlawful act designed to or capable of subverting the Constitution and the clear order of the learned Chief Judge of the Federal High Court.
As the meeting of the Council on the issue of the health of the President is judicially ordered in a case in which we are plaintiffs, we have a very well founded legal interest in ensuring, verifying and observing compliance with the order. In particular, this is to ensure that the consideration of this matter by the Executive Council of the Federation and any decision by it is based on objective, medical evidence and not on any medically or scientifically unsupportable whims or wishes of members of the Council, as this matter is of utmost constitutional importance. We should let you know that any decision not founded on objective medical evidence would be spurious and legally untenable. Even worse, it will deepen our current constitutional and political crisis.
Accordingly, my clients have requested me on their behalf, in the company of their doctor, to attend and observe the proceedings of the Executive Council at which compliance with the Order of the most learned Chief Judge of the Federal High Court will be scheduled. To enable us fulfill these instructions and in your role as the principal officer in the temple of justice, could you kindly, sir, avail us with an invitation to the meeting, including information as to the venue, time and date of the meeting to enable us ensure proper verification and monitoring of its processes and decisions.
Kindly accept, sir, the renewed assurance of our esteem for you and your office.
Thank you.
Yours faithfully,
Bamidele Aturu Esq.
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