January 25, 2010
Following the disclosure that President Yaradua had embarked on medical vacation on November 23, 2009 without transmitting a written declaration to the leadership of the National Assembly I filed a suit at the Federal High Court on December 15, 2009. In the suit I sought an order compelling the President to transmit the said instrument to the National Assembly so as to empower the Vice President to discharge the functions of the President as Acting President pending when the President would resume duty.
Following the disclosure that President Yaradua had embarked on medical vacation on November 23, 2009 without transmitting a written declaration to the leadership of the National Assembly I filed a suit at the Federal High Court on December 15, 2009. In the suit I sought an order compelling the President to transmit the said instrument to the National Assembly so as to empower the Vice President to discharge the functions of the President as Acting President pending when the President would resume duty.
The suit was motivated by my desire to avert a major constitutional crisis in the country. In the same vein, the Nigerian Bar Association and two concerned citizens filed similar suits in the same court. As the Federal Government was not comfortable with those suits another one was instigated by the office of the Attorney-General of the Federation.
For reasons best known to the Federal High Court the last which suit filed on January 7, 2010 was fast tracked and determined within one week. As the case was programmed to prevent the Vice President from discharging the functions of the President in an acting capacity as required by Section 145 of the Constitution the Court declared that “the Vice President can on the basis of the delegation or assignment to him by the President, of the President’s executive powers lawfully discharge the functions of the President… pending when the President returns to assume duty”.
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Curiously, the Defendant in the case, the Attorney General of Federation has been praising the judgment to high heavens. While he is entitled to his opinion in the circumstances, kindly permit me to state, without any fear of contradiction, that the judgment of the Honourable Justice Dan Abutu has not addressed the crisis of power vacuum in the country. In other words, his lordship’s verdict has merely confirmed the constitutional status of the Vice President under the presidential system of government.
Since the case has failed to address the constitutional crisis in the country the National Assembly has been under pressure to resolve the constitutional crisis occasioned by the prolonged absence of the President. In taking up the challenge the Senate resolved to summon the Secretary to the Government of the Federation, Alhaji Yayale Ahmed for briefing on the state of the President’s health.
On its own part, the House of Representatives passed a resolution to constitute a panel of 6 members to visit the President in Saudi Arabia. Since neither Alhaji Yayale Ahmed nor a team of visiting legislators can speak authoritatively on the president’s health why has the National Assembly not asked for a medical report prepared by the president’s physician? In any case, what other evidence of physical incapacitation are the federal law makers looking for when President Yaradua has stated that he is currently incapable of discharging the functions of his office?
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It was widely reported in the media last week that the Attorney-General of the Federation has requested your good self and other distinguished members of the Senate to accept that the said judgment of the Honourable Justice Dan Abutu has resolved the crisis of governance in the country. We urge you and your colleagues to reject the jejune interpretation as it is designed to compound the crisis.
For goodness sake, is the Attorney-General saying that the Vice President can sign the 2010 Appropriation Bill and other Bills passed by the National Assembly? Can the Vice President legally deploy soldiers when he is not the Commander-in-Chief of the Armed Forces? Can the Vice President appoint ambassadors and High Commissioners to represent Nigeria abroad? Can the Vice President appoint judges of the Federal High Court and Justices of the Court of Appeal and the Supreme Court? Can the Vice President stand proxy for President Yaradua who is the current Chairman of the Authority of Heads of State and Government of the Economic Community of West African States?
In addressing these questions I am compelled to draw the attention of the Senate to the aforesaid judgment of the Honourable Justice Dan Abutu wherein he stated inter alia:
“Before the Vice President can perform the functions of the President under the Constitution as Acting President, the requirement of Section 145 of the 1999 Constitution relating to transmission by the President to the President of the Senate and the Speaker of the House of Representatives must be complied with. As Acting President the Vice President performs the functions of the President under the Constitution in his own right as the Acting President. The power which he exercises is not the power delegated to him by the President.”
In the light of the foregoing we urge the Senate to arrest the on-going drift of the country to anarchy by ensuring full and unconditional compliance with Section 145 of the Constitution without any further ado.
Yours sincerely,
FEMI FALANA
To:
Senator David Mark,
The Senate President,
National Assembly Complex,
Abuja.
Cc: The Speaker,
Honourable Dimeji Bankole,
National Assembly Complex,
Abuja.
January 25, 2010
The suit was motivated by my desire to avert a major constitutional crisis in the country. In the same vein, the Nigerian Bar Association and two concerned citizens filed similar suits in the same court. As the Federal Government was not comfortable with those suits another one was instigated by the office of the Attorney-General of the Federation.
For reasons best known to the Federal High Court the last which suit filed on January 7, 2010 was fast tracked and determined within one week. As the case was programmed to prevent the Vice President from discharging the functions of the President in an acting capacity as required by Section 145 of the Constitution the Court declared that “the Vice President can on the basis of the delegation or assignment to him by the President, of the President’s executive powers lawfully discharge the functions of the President… pending when the President returns to assume duty”.
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Curiously, the Defendant in the case, the Attorney General of Federation has been praising the judgment to high heavens. While he is entitled to his opinion in the circumstances, kindly permit me to state, without any fear of contradiction, that the judgment of the Honourable Justice Dan Abutu has not addressed the crisis of power vacuum in the country. In other words, his lordship’s verdict has merely confirmed the constitutional status of the Vice President under the presidential system of government.
Since the case has failed to address the constitutional crisis in the country the National Assembly has been under pressure to resolve the constitutional crisis occasioned by the prolonged absence of the President. In taking up the challenge the Senate resolved to summon the Secretary to the Government of the Federation, Alhaji Yayale Ahmed for briefing on the state of the President’s health.
On its own part, the House of Representatives passed a resolution to constitute a panel of 6 members to visit the President in Saudi Arabia. Since neither Alhaji Yayale Ahmed nor a team of visiting legislators can speak authoritatively on the president’s health why has the National Assembly not asked for a medical report prepared by the president’s physician? In any case, what other evidence of physical incapacitation are the federal law makers looking for when President Yaradua has stated that he is currently incapable of discharging the functions of his office?
articleadslinks
It was widely reported in the media last week that the Attorney-General of the Federation has requested your good self and other distinguished members of the Senate to accept that the said judgment of the Honourable Justice Dan Abutu has resolved the crisis of governance in the country. We urge you and your colleagues to reject the jejune interpretation as it is designed to compound the crisis.
For goodness sake, is the Attorney-General saying that the Vice President can sign the 2010 Appropriation Bill and other Bills passed by the National Assembly? Can the Vice President legally deploy soldiers when he is not the Commander-in-Chief of the Armed Forces? Can the Vice President appoint ambassadors and High Commissioners to represent Nigeria abroad? Can the Vice President appoint judges of the Federal High Court and Justices of the Court of Appeal and the Supreme Court? Can the Vice President stand proxy for President Yaradua who is the current Chairman of the Authority of Heads of State and Government of the Economic Community of West African States?
In addressing these questions I am compelled to draw the attention of the Senate to the aforesaid judgment of the Honourable Justice Dan Abutu wherein he stated inter alia:
“Before the Vice President can perform the functions of the President under the Constitution as Acting President, the requirement of Section 145 of the 1999 Constitution relating to transmission by the President to the President of the Senate and the Speaker of the House of Representatives must be complied with. As Acting President the Vice President performs the functions of the President under the Constitution in his own right as the Acting President. The power which he exercises is not the power delegated to him by the President.”
In the light of the foregoing we urge the Senate to arrest the on-going drift of the country to anarchy by ensuring full and unconditional compliance with Section 145 of the Constitution without any further ado.
Yours sincerely,
FEMI FALANA
To:
Senator David Mark,
The Senate President,
National Assembly Complex,
Abuja.
Cc: The Speaker,
Honourable Dimeji Bankole,
National Assembly Complex,
Abuja.
January 25, 2010
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