[size=18pt]Jonathan may take over next week - Yar’Adua to write N/Assembly - NASS confused over supplementary budget[/size]

INDICATIONS emerged on Thursday that the National Assembly may be asked to reconvene next week to receive a letter from ailing President Umaru Yar’Adua, who is down with acute pericardittis, in Saudi Arabia.

The president left the country in the late hours of November 23 and has spent more than a month in that country.

His absence has nearly jeopardised the 2009 supplementary appropriation bill, which was passed into law by the National Assembly on November 24.

The amnesty programme in the Niger Delta has also been suffering since President Yar’Adua’s departure, as he is reputed to be the only man in charge of the blueprint for the implementation of the programme.

Refusal of the government to continue to fund the amnesty programme has led to restiveness and renewed hostility in the Niger Delta, with the militants becoming impatient by the day.

Sources in Abuja confirmed to the Nigerian Tribune that the Senate and the House of Representatives might reconvene after Christmas to receive a letter from President Yar’Adua.

It was gathered that the president’s office was preparing the letter in full consultation with Hajia Turai Yar’Adua, who has been the only person seeing the president for sometime now.

It was learnt that the letter could be flown to Saudi Arabia this weekend after it has been prepared by the president’s office. It was further gathered that whoever took it to Saudi Arabia would return immediately to ensure that the lawmakers convene between Wednesday and Thursday.

Senate spokesman, Senator Ayogu Eze, had said that the Senate was not on holiday but on standby and could reconvene if asked to do that at any moment.

The letter being expected from the president will enable the Vice-President, Dr. Goodluck Jonathan, to act as president and perform the duties of the president until Yar’Adua is fit to return to office.

But it was learnt that the health situation of the president had remained aggravated, with the man running in and out of coma in the past days.

It was gathered that the worsening condition apparently forced members of the kitchen cabinet to agree to the need to write the letter to the National Assembly in line with Section 145 of the 1999 Constitution.

The Section reads: “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.”

Besides the letter that will be read on the floor of the Senate and the House of Representatives, the lawmakers are also expected to utilise the short session to determine the situation with the 2009 appropriation bill.

There are some confusing talks about the bill, which has been on the president’s table since December 8, 2009.

A bill, according to the Constitution, cannot stay on the president’s table for more than 30 days, after which the National Assembly can override the veto.

But the confusion in the legislature is whether to take the 2009 supplementary bill as strictly a money bill or treat it like any other bill passed by the National Assembly.

A source said that if the presidency sends the letter empowering the vice-president as president, the lawmakers need to know whether the vice-president has the intention of assenting to the bill before December 31, 2009.

Money bills are expected to lapse within a financial year and the supplementary budget could lapse by December 31, 2009. But another source said that since the bill itself included some clauses which extended the financial year till March 31, 2010, it could still be signed in January, making it valid till March 2010.

RICHIE BOI:

the constitution says if the president cant write he can thumb print.

Unless the man is not seriously sick, how he is going to sign that letter remain to be seen UNLESS Turai can 'SIGN AS NEXT OF KIN' on behalf of oga assuming our constitution will allow it, or doctors will have to certify him unfit which will suffice for the provision of the constitution.

[size=18pt]Yar'adua May Hand Over To VP Next Week[/size]
By Muyiwa Adeyemi

Barring any last-minute change of mind, President Umaru Yar'adua may have concluded plans to formally hand over to Vice President Goodluck Jonathan, to act as President, next week.

President Yar'Adua has been on a sick bed in King Faisal specialist hospital, Jeddah, Saudi Arabia since November 23 without properly handing over to the Vice President.

A reliable source told The Guardian last night that the president's kitchen cabinet has seen the necessity of a proper handing over by next week for the Vice President to perform some official functions including the swearing in of the new Chief Justice of the Federation Justice Alloysius Katsina-Alu, who is expected to take over from Justice Idris Kutigi who will retire from the Supreme court on December 31.

The source said since it had become uncertain when the ailing president would return to the country, the vacuum his absence had created had to be filled, adding that the Yar'Adua kitchen cabinet had confidence in the ability of the Vice President Jonathan to continue with the seven point agenda of the administration.

The source said the leadership of the National Assembly had been informed and was already awaiting the letter from the president according to the Section 145 of the 1999 Constitution which says that "whenever the President transmits to President of the Senate and the Speaker of the House of Representatives a written declaration 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."

The source said among the worries of Yar'Adua's caucus is that the president cannot give the traditional New Year message which the president delivers in the early morning of January 1 every year both on national radio and television and this, they reasoned, would send wrong signals to the Nigerians about the country's leadership.

In fact, as at last night, some political pundits still in doubt about the ability of President Yar'adua to return to work, see the expected hand-over next week as a first stage of what should be expected by next year, the reason there is intense lobby for who becomes the Vice President.

[size=14pt], President’s Letter to National Assembly Now Inevitable[/size]
•New CJN may reject swearing-in

With a major constitutional crisis looming over the swearing-in of the Chief Justice of Nigeria (CJN) in seven days’ time, THISDAY checks have revealed that President Umaru Musa Yar’Adua may anytime from now transmit a letter to the National Assembly over his medical leave in order to enable Vice-President Goodluck Jonathan to act as the President of the Federation.

Section 145 of the 1999 Constitution says: “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.” However, the failure of Yar’Adua to write to the National Assembly has created a lot of legal hurdles for key decisions, including assent to the 2009 Supplementary Budget and the swearing-in of the new CJN, Justice Alloysius Katsina-Alu, who will take over from Justice Idris Kutigi, who will retire from the Supreme Court on December 31 on attainment of the 70 years statutory age.

Katsina-Alu, THISDAY learnt, has said if the President is not back by the time Kutigi retires and the VP is not properly given authority to act, he will not accept being sworn in by the Vice-President. “His argument is that he would have legitimacy problems since the Oaths Act is very clear that it is the President that swears in the CJN,” a source told THISDAY last night. “Without the VP assuming the constitutional authority as stated in Section 145, he cannot swear in the new CJN without courting legal battles. Some lawyers may head for court to declare the swearing-in unconstitutional.” With the looming crisis, it is now clear to Aso Rock insiders that a letter to the National Assembly is inevitable and the President’s inner circle is considering all the options. Already, the National Assembly is on standby to receive the letter of medical vacation from the office of the President. According to sources, the President is not in a state of mind to take any decision as he tries to recuperate from his medical condition after a lengthy treatment. Because of the situation, the legal “doctrine of necessity” is being considered to address the situation.

The doctrine of necessity, according to legal experts, has become necessary because the President is not in a position to compose or write a letter to the National Assembly. “However, this can be done by someone who normally writes letter for him. The person will have to read the letter to his hearing. If he agrees to the content, it will now be taken that he wrote the letter himself, with his seal. It is acceptable in law,” a constitutional lawyer told THISDAY yesterday.

To fill the seeming vacancy created by the President’s prolonged absence, the Attorney-General of the Federation and Minister of Justice, Chief Mike Aondoakaa, was reported to have directed the VP to take over. Denying the report on Wednesday, Aondoakaa said in a statement: “I as the number one law officer of the Federation do not have such powers to direct the Vice-President to take over. “The relevant section of the Constitution of the Federal Republic of Nigeria vests the powers to appoint or replace the President of the Federation on the National Assembly.” He said the Chief Justice of the Federation, the President of the Court of Appeal or any judicial officer could only function in that capacity after taking their oath of office as stipulated in section 290 of the Constitution. Aondoakaa said it became necessary to make the clarification following the misconceptions.

[size=18pt]Jonathan may become Acting President this week[/size]

Strong indications emerged on Sunday that Vice-President Goodluck Jonathan may be inaugurated as Acting President during the week.

This follows indications that President Umaru Yar’Adua intends to formally write the National Assembly to install Jonathan as Acting President, pending his return to the country.

Our correspondents gathered that the move was intended to facilitate the execution of various outstanding assignments, which had been stalled by Yar’Adua’s prolonged absence.

Also, it was gathered that Yar’Adua’s closest minders as well as the leadership of the Peoples Democratic Party felt it was necessary for Jonathan to take over in order to inaugurate the new Chief Justice of Nigeria, Justice Aloysius Katsina-Alu.

The CJN-designate is expected to take over from Justice Idris Kutigi, who will retire from the Supreme Court on December 31.

Feelers from the presidency indicated that members of the Yar’Adua administration are worried that the government would suffer severe embarrassment should Kutigi retire without the inauguration of his successor.

It was gathered that the group was nursing fears that Nigerians, who had patiently borne the inconveniences imposed on them by the President’s prolonged absence, may resort to protests.

Also, some members of the administration are said to be afraid that more Nigerians may go to court to compel the Federal Executive Council to declare Yar’Adua’s ability to continue in office, if the administration continued to shelve crucial assignments by the New Year.

Also, it was gathered that members of the Yar’Adua administration believed that a formal handover to Jonathan would be preferable since it would enable the vice-president to discharge some outstanding but crucial assignments that had been stalled by the President’s medical trip.

One of the outstanding assignments is the signing of the 2009 supplementary budget, which had been passed by the National Assembly.

A source, who is very influential in the presidency, disclosed that members of the administration were working on the latest information that Yar’Adua may have left the intensive care unit of the King Faisal Specialist Hospital in Jeddah, but may be unable to travel for another three weeks.

“What is certain is that those who are loyal to the President do not want any uncertainty in the New Year. An arrangement has been made for the budget to be signed and for the President to append his signature to the letter to the National Assembly.

“This will be done and it will be a proper signature, not a thumb-print,” he said.

Yar’Adua’s inability to formally hand-over to Jonathan meant the vice-president could not sign the supplementary budget.

mikeansy:


The rest of the country can protest, fill the streets and bring the country to a halt and this will then force the FEC and NASS members to act so the we can have a c-in-c constitutional empowered and fit but the country like it's leaders are filled with mistrust and consumed by the politics of who is up and who is down. As such people will rather contnue to pray than do the right thing.