Nigeria Continues To Confirm To The World That It Is Indeed A Banana Republic, Resulting In A New Post Label. Read More Below.
Nigeria: How National Assembly Made Him Acting President
By Abdul-Rahman Abubakar, Nasidi A. Yahaya & Turaki A. Hassan
A unanimous resolution by the National Assembly set the stage yesterday for Vice President Goodluck Jonathan to take charge as Acting President.
The two chambers, apparently trying to break the political stalemate over President Umaru Yar'adua's ill health, asked Jonathan to assume full presidential powers pending the president's return.
Hours before Jonathan's nationwide broadcast, in which he announced taking over powers as acting president, the Senate and the House of Representatives in separate unanimous resolutions asked him to assume office because the president is on medical leave.
The Senate resolution came after a motion on the state of the nation was moved by the Senate leader Teslim Folarin (PDP, Oyo Central), who argued that section 145 of the 1999 constitution which requires the president to transmit a letter to the National Assembly notifying it of his medical leave has been complied with since the president had on January 12 confirmed on the radio that he was ill and receiving medical attention in Saudi Arabia.
"On the 12th of January, 2010, His Excellency President Umaru Musa Yar'adua transmitted to the whole world through the British Broadcasting Corporation (BBC), a declaration that he is receiving medical treatment in Saudi Arabia and consequently will be unable to discharge the functions of his office until his doctors certify him fit to return to Nigeria to assume duties. The president of the Senate and the Speaker of the House of Representatives read the president's declaration transmitted through the BBC and further published in several print media," he said.
However, Senator Garba Yakubu Lado (PDP, Katsina South) raised a constitutional point of order, reminding his colleges that the president's BBC interview was not independently authenticated and that some senators had earlier questioned authenticity of the voice in the interview. He said the interview should not be relied upon as a basis for the resolution.
Seconding the motion Deputy Senate President Ike Ekweremadu said section 145 of the 1999 constitution did not in any way prescribe the manner and form in which the president is to transmit the letter of medical vacation to the National Assembly especially with the advancement in information technology.
Senate resolved thus: "The vice president Goodluck Jonathan shall henceforth discharge the functions of the office of the president, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria.
"That, the Vice President shall cease to discharge the functions of the office of the president when the president pursuant to section 145 of the 1999 constitution transmits to the president of the Senate and Speaker of the House of Representatives in writing that he has returned from his medical vacation."
Briefing newsmen shortly after the yesterday's session, vice chairman of the Senate Committee on Information and Media Senator Anthony Manzo (PDP, Taraba) said the vice president does not need to take an oath of office as acting president.
The House, after two consecutive closed door sessions, characterized by hot political debate and near-fisticuffs, also resolved that Jonathan should act as president pending Yar'adua's return.
Lawmakers, who were to consider a motion on the matter, failed to do so and instead went into a closed door session at 12:16pm. They emerged after about 30 minutes without a unanimous decision, prompting Speaker Dimeji Bankole to order for another session.
When the House resumed plenary at 1:04pm, House Leader Tunde Akogun (PDP, Edo State) read the resolution: "For peace, order and good governance of the federation, and consistent with the judgments of the courts, the vice president, Goodluck Ebele Jonathan, GCON shall assume full presidential powers, pending the return of the president, Alhaji Umaru Musa Yar'adua, GCFR."
After this, Bankole put the question and members unanimously replied "aye!"
Also yesterday, state governors under the auspices of the Governors' Forum, led by Kwara State Governor Bukola Saraki, visited the House of Representatives to express their resolution to back Vice President Goodluck Jonathan.
In his response, Bankole said the House made its decision in the interest of the country.
He said: "Today, is another day where this House recorded democratic structure whereby the all country has come together: civil societies, elected officials and non elected officials to come to the sole agreement to rescue our nation problem."
But the decision of the National Assembly is not contemplated in the constitution, lawyers said yesterday.
Yar'adua, who long has suffered from kidney ailments, left for Saudi Arabia on November 23 and was admitted to a hospital there for what his physician says is acute pericarditis, an inflammation of the sac surrounding the heart.
By Abdul-Rahman Abubakar, Nasidi A. Yahaya & Turaki A. Hassan
A unanimous resolution by the National Assembly set the stage yesterday for Vice President Goodluck Jonathan to take charge as Acting President.
The two chambers, apparently trying to break the political stalemate over President Umaru Yar'adua's ill health, asked Jonathan to assume full presidential powers pending the president's return.
Hours before Jonathan's nationwide broadcast, in which he announced taking over powers as acting president, the Senate and the House of Representatives in separate unanimous resolutions asked him to assume office because the president is on medical leave.
The Senate resolution came after a motion on the state of the nation was moved by the Senate leader Teslim Folarin (PDP, Oyo Central), who argued that section 145 of the 1999 constitution which requires the president to transmit a letter to the National Assembly notifying it of his medical leave has been complied with since the president had on January 12 confirmed on the radio that he was ill and receiving medical attention in Saudi Arabia.
"On the 12th of January, 2010, His Excellency President Umaru Musa Yar'adua transmitted to the whole world through the British Broadcasting Corporation (BBC), a declaration that he is receiving medical treatment in Saudi Arabia and consequently will be unable to discharge the functions of his office until his doctors certify him fit to return to Nigeria to assume duties. The president of the Senate and the Speaker of the House of Representatives read the president's declaration transmitted through the BBC and further published in several print media," he said.
However, Senator Garba Yakubu Lado (PDP, Katsina South) raised a constitutional point of order, reminding his colleges that the president's BBC interview was not independently authenticated and that some senators had earlier questioned authenticity of the voice in the interview. He said the interview should not be relied upon as a basis for the resolution.
Seconding the motion Deputy Senate President Ike Ekweremadu said section 145 of the 1999 constitution did not in any way prescribe the manner and form in which the president is to transmit the letter of medical vacation to the National Assembly especially with the advancement in information technology.
Senate resolved thus: "The vice president Goodluck Jonathan shall henceforth discharge the functions of the office of the president, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria.
"That, the Vice President shall cease to discharge the functions of the office of the president when the president pursuant to section 145 of the 1999 constitution transmits to the president of the Senate and Speaker of the House of Representatives in writing that he has returned from his medical vacation."
Briefing newsmen shortly after the yesterday's session, vice chairman of the Senate Committee on Information and Media Senator Anthony Manzo (PDP, Taraba) said the vice president does not need to take an oath of office as acting president.
The House, after two consecutive closed door sessions, characterized by hot political debate and near-fisticuffs, also resolved that Jonathan should act as president pending Yar'adua's return.
Lawmakers, who were to consider a motion on the matter, failed to do so and instead went into a closed door session at 12:16pm. They emerged after about 30 minutes without a unanimous decision, prompting Speaker Dimeji Bankole to order for another session.
When the House resumed plenary at 1:04pm, House Leader Tunde Akogun (PDP, Edo State) read the resolution: "For peace, order and good governance of the federation, and consistent with the judgments of the courts, the vice president, Goodluck Ebele Jonathan, GCON shall assume full presidential powers, pending the return of the president, Alhaji Umaru Musa Yar'adua, GCFR."
After this, Bankole put the question and members unanimously replied "aye!"
Also yesterday, state governors under the auspices of the Governors' Forum, led by Kwara State Governor Bukola Saraki, visited the House of Representatives to express their resolution to back Vice President Goodluck Jonathan.
In his response, Bankole said the House made its decision in the interest of the country.
He said: "Today, is another day where this House recorded democratic structure whereby the all country has come together: civil societies, elected officials and non elected officials to come to the sole agreement to rescue our nation problem."
But the decision of the National Assembly is not contemplated in the constitution, lawyers said yesterday.
Yar'adua, who long has suffered from kidney ailments, left for Saudi Arabia on November 23 and was admitted to a hospital there for what his physician says is acute pericarditis, an inflammation of the sac surrounding the heart.
Labels: Banana Republic, Corruption
posted by KYJurisDoctor at 2:12 PM
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