January 28, 2010
By failing to send a letter to the National Assembly with a view to handing power over to his deputy, Umaru Yar’Adua did not breach the constitution, Chief Judge Dan Abutu of the Federal High Court ruled in Abuja today. He said the provisions of the constitution were such that the letter to be transmitted was “discretionary” and not mandatory.
By failing to send a letter to the National Assembly with a view to handing power over to his deputy, Umaru Yar’Adua did not breach the constitution, Chief Judge Dan Abutu of the Federal High Court ruled in Abuja today. He said the provisions of the constitution were such that the letter to be transmitted was “discretionary” and not mandatory.
Judge Abutu was ruling in the lawsuit in which the Nigeria Bar Association (NBA) requested that the court compel Umaru Yar’Adua to transmit to the National Assembly a letter transferring power to his deputy based upon section 145 of the 1999 constitution.
In his circumlocutory ruling, Abutu also stated that the constitution does not allow the presidency to be held in abeyance and also ruled that the NBA was in order to have sued.
Legal analysts said the Abutu has given a useless ruling, in line with previous cases brought before him. Last week, he ordered the Federal Executive Council (FEC) to provide the court with evidence that Yar’Adua was fit to continue in office. Obliging Abutu but making him look stupid, the Attorney General of the Federation, Michael Aondoakaa promptly gave a press statement shortly after this week's FEC meeting stating that the body had declared Yar’Adua fit.
A lawyer who wished to remain anonymous told Saharareporters that Justice Abutu is hard of hearing, a condition that may be responsible for his inability to grasp the argument put forward by lawyers filing the cases.
"As strange as it may sound, Judge Abutu may not have read Section 145 of the constitution either," commented a Saharareporters analyst.
Section 145 states "Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives a written letter that he is proceeding on vacation or that he is otherwise unable to discharge his functions in the office, until he transmits to them declaration, such functions shall be discharged by the Vice President as Acting President."
Correction: "Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives 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 them a written declaration to the contrary, such functions shall be discharged by the Vice-President as Acting President."
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Judge Abutu was ruling in the lawsuit in which the Nigeria Bar Association (NBA) requested that the court compel Umaru Yar’Adua to transmit to the National Assembly a letter transferring power to his deputy based upon section 145 of the 1999 constitution.
In his circumlocutory ruling, Abutu also stated that the constitution does not allow the presidency to be held in abeyance and also ruled that the NBA was in order to have sued.
Legal analysts said the Abutu has given a useless ruling, in line with previous cases brought before him. Last week, he ordered the Federal Executive Council (FEC) to provide the court with evidence that Yar’Adua was fit to continue in office. Obliging Abutu but making him look stupid, the Attorney General of the Federation, Michael Aondoakaa promptly gave a press statement shortly after this week's FEC meeting stating that the body had declared Yar’Adua fit.
A lawyer who wished to remain anonymous told Saharareporters that Justice Abutu is hard of hearing, a condition that may be responsible for his inability to grasp the argument put forward by lawyers filing the cases.
"As strange as it may sound, Judge Abutu may not have read Section 145 of the constitution either," commented a Saharareporters analyst.
Section 145 states "Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives a written letter that he is proceeding on vacation or that he is otherwise unable to discharge his functions in the office, until he transmits to them declaration, such functions shall be discharged by the Vice President as Acting President."
Correction: "Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives 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 them a written declaration to the contrary, such functions shall be discharged by the Vice-President as Acting President."
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