OAM4J:

Its enough if you have someone like ME or Donald Duke as VP. But am not sure that will be enough for Jonathan Goodluck.

Well, am not even sure the Acting President status will be enough for him. may be the death of Yaradua will.

Why wouldn't it be enough for him to show us a sample, if anything, of the substance we pretend he has?

Kobojunkie:

Why wouldn't it be enough for him to show us a sample, if anything, of the substance we pretend he has?

Am not part of that pretense. Don't think he's got what it takes. But let's wait, watch and see how he exercises the full power.

[size=18pt]Nigeria has the most useless government in the cosmos![/size]

[size=18pt]Jonathan can perform Yar’Adua’s duties – Court[/size]

By Ise-Oluwa Ige
ABUJA—A Federal High Court sitting in Abuja, yesterday, declared that Vice President Jonathan Goodluck is empowered by the 1999 Constitution to exercise, in the absence of President Umaru Yar’Adua, all the powers vested in him, including signing of sensitive documents, so far such powers are delegated to him.

The presiding high court judge, Justice Dan Abutu made the pronouncement while interpreting the meanings and intendments of sections 5(1) and 148 (1) of the 1999 constitution in a suit brought by a lawyer, Mr. Christopher Onwuekwe.

Onwuekwe, in his suit, FHC/ABJ/CS/10/2010, had requested the high court to declare that in the absence of President Yar’Adua who is receiving treatment in Saudi Arabia, the Vice President, by virtue of the provisions of Section 5(1) and 148 (1) of the 1999 Constitution, could exercise all the powers vested in the President in the interest of peace, order and good governance pending when his boss, Yar’Adua, would resume office. He sued the Attorney General of the Federation and the Executive Council of the Federation.

He filed the suit last week and served the originating processes on the Office of the Attorney-General of the Federation last Monday while judgment was delivered in the case yesterday by the Chief Judge of the Federal High Court. If it is not the fastest case ever decided by the Nigerian judiciary, it must be one of the fastest because it took the court less than 96 working hours (four days) for the registry of the court to take all processes in the case, hear it on its merit and deliver judgment.

Exercise of  presidential powers
In the verdict handed down, the trial judge, Justice Abutu granted the two reliefs requested by Mr. Onwuekwe to the effect that Vice President Goodluck could exercise, in the absence of the sitting president, all the powers vested in the President.

[size=14pt]He said the exercise of such presidential powers by the Vice President could only be queried by Mr President if he did not permit the Vice President to so perform the presidential functions[/size]. Justice Abutu said the constitutional authority of the Vice President to so perform the presidential functions is enshrined in both sections 5(1) and 148 (1) of the 1999 Constitution.

Section 5(1) of the 1999 Constitution reads: “Subject to the provisions of this Constitution, the executive powers of the Federation; (a) Shall be vested in the President and may, subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him either directly or through the Vice President and Ministers of the Government of the Federation or officers in the public service of the Federation and, (b) Shall extend to the execution and maintenance of this constitution, all laws made by the National Assembly and to all manners with respect to which the National Assembly has, for the time being power to make laws. Section 148 (1) of the 1999 constitution also reads:

“The President may, in his discretion, assign to the Vice President or any Minister of the Government of the Federation responsibility for any business of the Government of the Federation including the administration of any department of government.

Justice Abutu said the two constitutional provisions (sections 5(1) and 148(1) of the 1999 constitution are clear as to the powers of the President to transfer any of his presidential functions to either his vice president or any of his cabinet members.

Before drawing curtain on the interpretation of the two constitutional provisions, the trial judge added that both sections 5(1) and 148 (1), however, did not specify the manner or the procedure through which Mr. President could delegate any of the presidential powers donated to him by the 1999 constitution.

He consequently held that it is, therefore, not available for anyone or institution to pry into the mode of the power transfer by the sitting President to his vice or ministers, noting that so far the president has not complained or challenged the vice president or his ministers over usurpation of his constitutional functions, no one could challenge the exercise of his presidential functions by any member of his cabinet.

Similarly, Justice Abutu, also delved into the meanings and intendments of section 145 of the 1999 constitution even though the subject-matter of the suit being determined did not rest, in the main, on the constitutional provision. While interpreting section 145 as it related to when the Vice President could exercise the powers of the sitting president as an acting president,  Justice Abutu said “when the Vice President is exercising the powers of the President as an Acting President, he is exercising that powers in his own right as acting president and not on behalf of the president.

Written declaration to National Assembly
He said the Vice President, Jonathan Goodluck in this case, can exercise all the powers of the sitting President, Umaru Yar’Adua, both as Vice President and as Acting President, stressing that the difference between the two is that Vice President Jonathan Goodluck could not perform the functions of the President under section 145 of the 1999 Constitution except there is a written declaration to the National Assembly while Goodluck could perform all the functions of the President (Yar’Adua) without any written declaration to the National Assembly so far he is discharging the delegated duties in his capacity as Vice President.

The pronouncement on the three different provisions of the 1999 Constitution: sections 5(1); 148(1) and 145 of the 1999 constitution has, no doubt, doused the rising tension in the polity, at least for now.
Attorney-General of the Federation, Chief Michael Kaase Aondoakaa, SAN, who was personally in court to take the judgment said the position of the court had vindicated him on his view that the sitting President, Umaru Yar’Adua could govern the country from anywhere in the world. He said the verdict has resolved the controversy on whether or not the Vice President could exercise all the functions of the sitting President without any written declaration transmitted to the National Assembly.

The knotty suit maintained by radical Lagos lawyer, Mr. Femi Falana, and a separate one by former member of the House of Representatives, Hon. Adamu Farouk, are predicated on section 145 of the 1999 Constitution which the court had interpreted.

Aondoakaa said moments after the judgment: “It seems the judgment has vindicated my position all along. You heard the court say that no person or authority can question the Vice President when he exercises the powers of the President.

It is only the President that can say I didn’t give you those powers. The court also went on to give a final declaration which has settled, I believe, all the crises to the effect that the Vice President, in the absence of the President, can carry out all the functions of Mr. President pending when he arrives. To me, it is a good judgment. The plaintiff brought me here.

He canvassed all the issues and we filed our counter-affidavit and in the wisdom of the court, it found that I was correct. I have been vindicated.  “The issue of section 145 has also been clearly stated. That it is a discretionary provision. The President may wish to transmit or not transmit. And when he transmits, it means the Vice President is no longer exercising the powers of the President on his behalf but exercising the powers in his own right.
But now the powers which the Vice President has been exercising under section 5 of the 1999 Constitution before now, the court said he can continue to act on behalf of the President all the powers vested in the President.”
On why it was difficult for the Vice President to sign the appropriation bill when he can exercise the powers of the President, Aondoakaa said he could not do that at the time because “we have not got the interpretation of the law. With this interpretation, he can now sign anything the President can sign. He can send bill to the National Assembly and he can sign any bill now.”

Precarious circumstance
Also reacting to the judgment, Mr. Amobi Nzelu, the lead counsel to the plaintiff, said the judgment was the best in the precarious circumstance Nigeria finds itself today. According to Nzelu, “the court has upheld the case of the plaintiff who has come to court to seek a mid-course rather than make a heavy weather of section 145 of the 1999 constitution.
We had to bring together section 5(1) and 148 (1) to say that the Vice President can, in the absence of Mr. President, carry out the functions of Mr. President without necessarily transmitting a letter to the National Assembly. That was why we were in court and the court said yes, we were right and that the vice president can do that.

It is our view that we don’t need section 145 to come into play before VP Jonathan can perform the functions of the sitting President who is presently not available. We came to court and the court has upheld our argument saying that Jonathan Goodluck, as Vice President, can lawfully execute the functions vested in Mr. President until the ailing President returns from his medical leave.
That is why we came to court. Although by this judgment, Jonathan could not be called an Acting President but I tell you, the phrase “Acting President” is just a matter of nomenclature. The most important thing is that he can perform the functions of the President. So, it now depends on the name you want to give him: Acting President or President by Court Order.

@Kobo

Can you now see that the 'full power' is to the extent the power sleeping in Saudi approves.

The voice of Justice Dan Abutu the hand of Michael Kaase Aondoakaa

RichyBlacK:

[size=18pt]Nigeria has the most useless government in the cosmos![/size]

multiply that by 100 times, most useless is an understatement, almost the most hopeless, directionless, fraudulent, do nothing animals. oh, I forgot they are good at stealing their people monies and keeping it in foreign account.

May all of them rot in this world before they go to hell, may they never find peace from all those stolen monies

I think Justice Abutu is on drugs made from Nigerian stlen money to say that only the President have powers to change what ann acting President by operation of the law can change. So, in effect the President can come back and reverse all that the Acting President has done whilst away. Sme brains need examining like that of YAR A'CONTEMPTOUS AND DAN ABUTU, they may need more mentl drugs or the right prescriptions

OAM4J:

@Kobo

Can you now see that the 'full power' is to the extent the power sleeping in Saudi approves.

The voice of Justice Dan Abutu the hand of Michael Kaase Aondoakaa

But what you have there says it can be QUERIED, I am not sure how that removes from his doing something at least to show he is not some clueless zombie in power. If after this, we still continue to hear that Yar adua rules the country from his bed and we hear Jonathan should REMAIN MUTE then I think it will be obvious that this man is just another figure head and nothing more.

I think the judgment actually plays into the hands of Andoookaaa and the "cabal" ruling and looting this country.

As it is, the interpretation in reality, is that for the next 2years, Yara-sick can remain "sick, incommunicado and a ghost" and still be PRESIDENT!

Good(bad)luck will continue to "ACT" but will never be worn-in as President, even if the other schmuck is dead and secretly buried!

Where does that leave us: A country with a "GHOST", for  Head-of-state and C-IN-C!
We deserve an award for lunacy, really

lastpage:

I think the judgment actually plays into the hands of Andoookaaa and the "cabal" ruling and looting this country.

As it is, the interpretation in reality, is that for the next 2years, Yara-sick can remain "sick, incommunicado and a ghost" and still be PRESIDENT!

Good(bad)luck will continue to "ACT" but will never be worn-in as President, even if the other schmuck is dead and secretly buried!

Where does that leave us: A country with a "GHOST", for  Head-of-state and C-IN-C!
We deserve an award for lunacy, really

But, we can easily solve this by demanding BOTH men be removed, some way. I don't see why we choose to judge ONLY the president for the state of the nation when his VP was elected on the same ticket as he was.

How come these judges can't make sound and reasonable decisions. I don't know too much about the way judges in Nigeria are appointed, but it seems that they try to remain loyal to the person that appointed them. Do they also get to serve for life? If not, then there needs to be a way to stop these politicians from influencing decisions. These judges should have ruled for Jonathan to be sworn in immediately.

Doesn't look like the Nigerian constitution does a good job of really separating branches of govt. and preventing one branch from influencing the other's decision.

What Kind of Fake News IS This?

sometimes, i just get pissed with what is happening in this country, how we always try to make something out of what should be a none issue. any nigerian watching cnn last week wednesday would have hung his head in shame at the paradox of events happening here.

in japan, the prime minister offered to resign citing health problems. he said he needed time to attend to his failing health. this man was not even hospitalized yet. he was not even on a sick bed yet he chose to do the most honourable thing by quitting. well, not so in nigeria-nay africa where rulership is seen as a birthright and one man is bent on tearing the whole country to shreds just because he can't just let go on the reins on power-even when the hand writing is clearly written on the wall.

one man is prepared to rule a country of 140 million people from a sick bed in a foreign country! how absurd can this get? now it has to take a court case to force people to do what should have been done honourably in the first place! i weep for nigeria! 

good news

it not true, i heard they ruled against it.

No, why should he be sworn-in. Yar'Adua should will the presidency to his wife, Turai. After all, on bi Naija we dey?

This is the most controversial decison i have seen in recent times, some said he can rule as acting president others said no, what am i to believe now?

~Bluetooth:

This is the most controversial decison i have seen in recent times, some said he can rule as acting president others said no, what am i to believe now?

Just believe in magic!
That's what we are seeing in live action!

de facto president Aadooooooookan would relive the ruling. Perhaps in partnership, he and Turai can have a smooth sail

Beaf, this is no magic. It's miracle in the name of Allah. You and I must be living in dreamland

and so the despoil. of the nigerian people by a power hungry cabal continues unrelentingly

[size=18pt]sorry sorry o
i sorry for nigeria
i sorry for africa[/size]


https://www.youtube.com/watch?v=oWfPuF-myaY

RichyBlacK:

[size=18pt]Nigeria has the most useless government in the cosmos![/size]

point of correction. we have no government. and u know what? we have never had one. only we are realising it now

we must chase these impostors away! enough is enough!

George_D:

we must chase these impostors away! enough is enough!

I agree with u. but how do we chase them away?

Where is our "ABLE" pREsident. I heard he is missing, Anyone found him.

Jst confirming today being friday. Another week has passed, Is Jonathan sworn is? Is yarasick back?
I have said it b4 to those who are still dreaming to wake up. Even if Yarasick spend a year in Suadi Hospital do you guys think the north will easily let the power go to Jonathan or legally hand over to him ?

When i saw this news i kept quite and waiting to see what was gonna happen next. Today is friday, no Yarasick, no sworn in of Jonathan.

I think the judgment actually plays into the hands of Andoookaaa and the "cabal" ruling and looting this country.

As it is, the interpretation in reality, is that for the next 2years, Yara-sick can remain "sick, incommunicado and a ghost" and still be PRESIDENT!

Good(bad)luck will continue to "ACT" but will never be worn-in as President, even if the other schmuck is dead and secretly buried! Grin

Where does that leave us: A country with a "GHOST", for  Head-of-state and C-IN-C!
We deserve an award for lunacy, really Angry Angry

But, we can easily solve this by demanding BOTH men be removed, some way. I don't see why we choose to judge ONLY the president for the state of the nation when his VP was elected on the same ticket as he was.

We need to look at the implication of this judgment!

(1) the Lawyer that filed this case is totally Unknown, a nobody, and not known to be involved in any activism or pro-democracy movement
(2) The same vehicle brought this lawyer and Andooaaaka to the court!
(3) This case was filed and disposed-off within six days, even those of Falana filed before it were not treated first!
(4) If Falana's case was disposed first, its judgement will affect subsequent cases, by law of precedence, just like this one means that Falana's case is just an academic exercise! Thus, the need to treat it first
(5) Justice Abutu and Andooaaka are allegedly said to be related on the mother side! (Paternally, one is Kogi, one is Benue)
(6) Andoaaakaa was happy with the judgment and had NO OBJECTION!
(7) Suddenly, all other cases relating to the Presidency were adjourned by this same judge who could find the time to fast-forward the one above!

Knowing the antecedents of Andoaaaka, what is your opinion?

We've just been taken for a ride, one that may last till 2016!
How?

Okay, Judgment says Jonathan can continue to "act as President" but he is not "A President"!

Implication: Jonathan will be "chairing F.E.C meetings" but he can not:

(a) Appoint or Fire any Minister (especially Andooaakak)
(b) Umoru will remain and is still the President, till God knows when
(c) Being Nigeria that we know, Andooaaaka and his "club of thieves" will continue to loot our collective patrimony
(d) Since we have by implication, "outsourced our Presidency" to Saudi Arabia, Umoru can be there till the end of this term (2012)
(e) Under the cover that "he is responding to treatment", Umoru will again contest for Presidency, and as usual with PDP and our demonic Prof Iwuru-wuru, he will win with a landslide
(f) So, as Andooaaaka has said, "the President can rule from anywhere"; Umoru will rule till 2016 while he continues to "improve" (dead or alive  ) and the looters like Andooaaka, Ibori, e.t.c will continue to be Ministers and the stealing continues!

Well, well, well, hic-hic-hic-hic
Now that is what l call "smart move".

BTW: l am wondering and my Igbo friends will forgive m on this: Why is it that when the country is about to take a giant leap 2 freedom, it is one of us, Igbo guy that would be used as the Judas, to scatter the whole thing?

From this lawyer, Mr. Chris Onwuekwe, Madam Re-"Brandy", to Mr. Kanu (one million match for Abacha) to born-again Senator Chukwumerije (of the Babangida fame), Nzeribe (of Babngida fam), to Ofunagoro, e.t.c. Why do we fall for this temptation? Well, this one is just by the way sha.

lastpage:

".

BTW: l am wondering and my Igbo friends will forgive m on this: Why is it that when the country is about to take a giant leap 2 freedom, it is one of us, Igbo guy that would be used as the Judas, to scatter the whole thing?

From this lawyer, Mr. Chris Onwuekwe, Madam Re-"Brandy", to Mr. Kanu (one million match for Abacha) to born-again Senator Chukwumerije (of the Babangida fame), to Ofunagoro, e.t.c. Why do we fall for this temptation? Well, this one is just by the way sha.

Well, you asked a very good question. . .The Biafra civil war events, the betrayals on the part of Biafran neighbours and all the nuances of the war have taught we the Igbos a lesson.
To be frank with you, the yorubas should never expect the Igbos to be in alliance with them in any political initiation, even some of the Niger deltans. As I said earlier, the killing of Ndigbo has produced at least 600,000 Authur Nzeribes within a sample of 1 million Igbos, these Authur Nzeribes are always ready to pay back Awolowo and his kinsmen accordingly. . . .
You all chose the pre-civil war ONE NIGERIA, then why the recent protest. . . Good morning to you all.

lastpage:


BTW: l am wondering and my Igbo friends will forgive m on this: Why is it that when the country is about to take a giant leap 2 freedom, it is one of us, Igbo guy that would be used as the Judas, to scatter the whole thing?

From this lawyer, Mr. Chris Onwuekwe, Madam Re-"Brandy", to Mr. Kanu (one million match for Abacha) to born-again Senator Chukwumerije (of the Babangida fame), to Ofunagoro, e.t.c. Why do we fall for this temptation? Well, this one is just by the way sha.

Are you implying ibos are a bunch of morons that can be used in such a manner? What sort of question is that? That is insulting to an entire people. Is it farfetched to believe that individuals, irrespective of ethnicity, can be GREEDY AND CORRUPT?

Kobojunkie:


Are you implying ibos are a bunch of morons that can be[i] used in such a manner[/i]? What sort of question is that? That is insulting to an entire people. Is it farfetched to believe that individuals, irrespective of ethnicity, can be[i] GREEDY AND CORRUPT[/i]?

First of all, the Igbos are not being used and can never be used. The Igbo lawyers that went to court for an interpretation of the constitution are not fools neither are the Nzeribes of the world. They did what they believed in and such action shouldnt be portrayed as that of greedy and corrupt men. They have moulded their political views based on the experience thier people have had in Nigeria.
However, If you still stick with your above reply, I might as well portray Awolowo and his followers as greedy men and murderers. Afterall, his support for the food blockage to the east and the 20 pounds policy deserve it. I know you dont believe that, do you?

@Kobojunkie
No at all. If anyone feels so, then l tender an unreserved apology.
And no one should unnecessarily stoke ethnic bigotry by implying so.

@metal-gong

Well, you asked a very good question. . .The Biafra civil war events, the betrayals on the part of Biafran neighbours and all the nuances of the war have taught we the Igbos a lesson.
To be frank with you, the Yorubas should never expect the Igbos to be in alliance with them in any political initiation, even some of the Niger deltans. As I said earlier, the killing of Ndigbo has produced at least 600,000 Authur Nzeribes within a sample of 1 million Igbos, these Authur Nzeribes are always ready to pay back Awolowo and his kinsmen accordingly. . . .
You all chose the pre-civil war ONE NIGERIA, then why the recent protest.  . . Good morning to you all.

Thank you for your candid response. I like your frankness.
I know this is true and it is something we all shy away from saying and for this, you've earn a lot of respects.

Now, l am not Awolowo and You're not Ojukwu. Those things you mentioned up there truly happened but l guess most of us would take decisions, to the best of our knowledge.

I am wondering if "Awolowo was alive today", whether he will take the same decision he took back then, in the light of current development?


Those who exploit that "retributive position" today, do not differentiate between Igbo, Yoruba or Hausa.

Having said that and in line with the discussions l do have with my Igbo colleagues, l want to ask:
1.) What does it take to redress the injustice of a past generation?
2.) Has this alliance with the "enemy of our past enemy" bettered the situation of the Igbo people (No Igbo has ever been President, not even the alliance can help that!)
3.) What do you think, in your own opinion, is the opinion of the North, about the Igbo people? Do they see you as a political ally or a political love-peddler (no pun intended please). I think they also see & view 'Jonathan Goodluck' as an Igbo, somehow.
4.) In the interest of the next generation, can we not forgive the past and forge a common future, that will better both sides of the divide?
5.) Which is better?: To forgive and work for the betterment of our regions (and no region can do it alone but two regions united, can do it) or to keep taking our 'pound of flesh' and remain a slave, in a free country, for generations to come?


This is the focus of my rhetorical question.
Dont be drawn into some ethnic bashing theory of which l have no interest please.

I have a feeling that we are at the precipice of a break-through, if we can see it and seize it.
Like my people will say, "Thunder stones are seen once in a thousand years", not an every day occurrence.
If l have Igbo people as best friend for over twenty years, why should l want to take a pound of flesh on Awolowo's behalf (assuming), something they did not partake-in, even if their parents did? Na me be Awolowo?

And good morning to u 2.

metal-gong:


First of all, the Igbos are not being used and can never be used. The Igbo lawyers that went to court for an interpretation of the constitution are not fools neither are the Nzeribes of the world. They did what they believed in and such action shouldnt be portrayed as that of greedy and corrupt men. They have moulded their political views based on the experience thier people have had in Nigeria.
However, If you still stick with your above reply, I might as well portray Awolowo and his followers as greedy men and murderers. Afterall, his support for the food blockage to the east and the 20 pounds policy deserve it. I know you dont believe that, do you?

Learn to read please!!