Declare Yar’Adua unfit to continue, citizens ask court
By Tobi Soniyi, Published: Thursday, 24 Dec 2009




President Umaru Musa Yar’Adua


TWO Nigerian citizens, former minority leader in the House of Representatives, Farouk Aliyu and Sani Gabbas, have asked the Federal High Court, Abuja, to declare that President Umaru Yar’Adua’s absence on health ground constitutes permanent incapacity to perform the duties of President as envisaged by Section 146 of the 1999 Constitution.

The citizens, whose suit follows a separate action filed last week at the Federal High Court, Abuja, by the President of the West African Bar Association, Mr. Femi Falana, joined the Attorney-General of the Federation and Minister of Justice, Mr. Mike Aondoakaa, and the Federal Executive Council as defendants.

In the suit filed on Wednesday, the plaintiffs represented by Mr. Bamidele Aturu, asked the court to declare that Yar’Adua’s absence from the country and from his statutory duties and functions constituted permanent incapacity within the meaning and intendment of Section 146 of the constitution.

They also asked the court to compel Vice-President Goodluck Jonathan to assume the duties of the office of President and sign the 209 supplementary budget into law.

The plaintiffs asked the court to determine, among other things;

* Whether having regard to the fact that the President who has not been on vacation and has been undergoing treatment at a hospital outside Nigeria in Saudi Arabia since November 23, 2009, the Federal Executive Council ought not to be compelled to pass and publicise a resolution as to whether or not the President is incapable of discharging the functions of his office;

* Whether the absence of President Yar’Adua from Nigeria and from his constitutional and statutory duties for medical treatment since November 23, 2009 at a Saudi Arabia Hospital without being on holiday does not constitute permanent incapacity within the meaning and intendment and general meaning of section 146 of the 1999 Constitution; and

* Whether having regard to the circumstances surrounding the absence of President Yar’adua from Nigeria and from his constitutional duties for medical treatment it is unlawful for the vice-president to refuse to exercise the functions of the office of the President of the Federal Republic of Nigeria.

The plaintiffs also asked the court for a declaration that the non-consideration by FEC for the purpose of passing or rejecting as resolution the proposal as to whether or not the President suffers permanent incapacity as a result of his absence from his statutory duties is a flagrant violation of the constitution and an indefensible breach of their oath of allegiance and oath for the execution of the duties of his office as prescribed in the seventh schedule to the constitution by virtue of section 149 of the constitution.

Futhermore, the plaintifss asked for a declaration that it is unconstitutional for the vice-president to refuse to exercise the functions of the President of the Federal Republic of Nigeria having regard to the circumstances surrounding the absence of President Yar’Adua from the country and his constitutional duties for medical treatment in Saudi Arabia; an order directing FEC to consider and if thought fit to pass a resolution declaring whether the absence of the President from the country and from his constitutional duties and functions outside the purview of the constitution constitutes permanent incapacity within the meaning and intendment of section 146 of the 1999 Constitution.

No date has been fixed for the hearing of the suit. The matter has not been assigned as the court has proceeded on Christmas and New Year holidays


,http://punchng.com/Articl.aspx?theartic=Art200912243322118

The judiciary that saved us from third term will strike again but when?

[size=18pt]JONATHAN NOT NIGERIAN ENOUGH TO BE PRESIDENT, THAT IS THE MESSAGE FROM THE KATSINA MAFIA[/size]