Jonathan Can't Be Acting President - High Court - Politics - Nairaland
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| Jonathan Can't Be Acting President - High Court by debosky(m): 10:37am On Jan 14, 2010 |
Why Jonathan can't be 'Acting President', by court * Okays VP exercising presidential powers * Ohanaeze, Buhari, Atiku, speak on way out From John-Abba Ogbodo and Azimazi Momoh Jimoh Lemmy Ughegbe, Abuja and Lawrence Njoku, (Enugu) INCREASING calls by political and civil rights groups for Vice President Goodluck Ebele Jonathan to become the country's Acting President in the absence of Alhaji Umaru Musa Yar'Adua were rejected yesterday as the Chief Judge of the Federal High Court in Abuja Justice Daniel Abutu ruled otherwise. But in the same breath, the Chief Judge held that Jonathan can go ahead to exercise the powers of the ailing President Yar'Adua pending the latter's recovery and return to office. Justice Abutu, delivering his ruling on a suit filed by Amobi Nzelu on behalf of another lawyer, Christopher Onwuekwe, said the failure of Yar'Adua to transmit a letter to the National Assembly, informing it of his medical trip to Saudi Arabia and his desire for Jonathan to perform his duties until his return had made it impossible for the latter to emerge as acting President. Yet, he held that although the Vice President cannot become the Acting President, "he can only carry out the functions of the president in his absence" in line with section 5(1) of the 1999 Constitution. The Judge held that even before the suit "the Vice President has been carrying out the duties of the president as allowed by the constitution in Section 5 (1) of the 1999 constitution". But the wide-held view after this judgement yesterday was that more questions than answers have arisen. Not a few wrong abound the speed with which the case has been determined while others wonder if it was not an escape route for those seeking to vacate the current impasse. http://www.ngrguardiannews.com/news/article01//indexn2_html?pdate=140110&ptitle=Why%20Jonathan%20can%27t%20be%20%27Acting%20President%27,%20by%20court |
| Re: Jonathan Can't Be Acting President - High Court by debosky(m): 10:39am On Jan 14, 2010 |
Another News Report: 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. In essence, if Yar'adua only delegates heading the FEC, that is ALL Jonathan can do and nothing more. However, if the president delegates ALL his powers to Goodluck, then he can exercise all the powers. http://www.vanguardngr.com/2010/01/14/jonathan-can-perform-yaraduas-duties-court/ |
| Re: Jonathan Can't Be Acting President - High Court by ElRazur: 10:45am On Jan 14, 2010 |
Anyone else feel that our constitution is not exactly clear cut and it should be amended as soon as possible. I mean, if matters like this happens in say England, it would have been dealt with swiftly. I cannot for the life of me see Obama going away for almost 50days or so without some sort of issues etc. |
| Re: Jonathan Can't Be Acting President - High Court by Nobody: 10:54am On Jan 14, 2010 |
The constitution with regards to the Presidency, his absence and who succeeds him is very clear. This is Nigeria we are talking about. With people with like Aondoakaa anything and everything is possible. |
| Re: Jonathan Can't Be Acting President - High Court by debosky(m): 10:54am On Jan 14, 2010 |
@ El That is precisely the problem - a constitution that makes a VP a spare tire that can be delegated or not delegated duties, and one that does not set out how exactly this delegation should be carried out. While I understand the intent not to be overly rigid, the lack of definition is to the extreme - things are so loose now that you can virtually interpret it as vaguely as you want. The issue that was taken to court is not even the one to be determined in my view. The question should be - how long can the president be absent and incommunicado before he is regarded as being incapable of carrying out his functions? That is the question that needs answering, not the technicalities being ironed out now. Anyone reading the constitution can tell that even a minister can be allocated more duties than the VP, and it would still be compliant with the constitution. |
| Re: Jonathan Can't Be Acting President - High Court by Nobody: 10:57am On Jan 14, 2010 |
Jonathan is already acting!!  (http://www.presstv.ir/detail.aspx?id=116125§ionid=3510205059) |
| Re: Jonathan Can't Be Acting President - High Court by otukpo(f): 10:58am On Jan 14, 2010 |
In this situation, there is a limit to what Jonathan can do as the VP. He can't even sack the AGJ or the ministers. He still has to do the bidding of our sick presido. |
| Re: Jonathan Can't Be Acting President - High Court by debosky(m): 11:00am On Jan 14, 2010 |
OMO IBO: With due respect, it is NOT clear. The constitution says 'whenever' Yar'adua sends a letter saying he will be out of the country or incapacitated for a while, then Jonathan takes over. It does not say 'Everytime' or 'Whenever' the president leaves the country he MUST delegate the VP as acting president or send a letter to the National Assembly. The problem is that the Constitution makes it optional - hence you cannot 'demand' Yar'adua does it because the constitution doesn't make it compulsory. Secondly, the constitution vests power to declare him incapacitated in the FEC (an unelected body ostensibly comprised of the president's loyalists) instead of the National Assembly or Senate which is elected and is accountable to the Nigerian people. The constitution MUST be amended else these abuses will continue. Instead of silly debates on sending a team or not, the National Assembly should swiftly modify the constitution making it a requirement for the president to send a letter to the Assembly whenever he leaves the country, assigning power to the VP. |
| Re: Jonathan Can't Be Acting President - High Court by na2day(m): 11:01am On Jan 14, 2010 |
I say, this Jonathan is weak! can you imagine AREMU(BABA IYABO) and MARADONA begging for what the constitution says its theirs, this man can't rule 9ja, or maybe he believes that the presidency should be handed over to him on a platter just like governorship post and the v.p ticket.  |
| Re: Jonathan Can't Be Acting President - High Court by Nobody: 11:03am On Jan 14, 2010 |
iT DEPENDS ON THE ANGLE OF LAW THAT WE ARE EXPLORING, I DONT CARE IF YARADUA IS ALIVE OR DEAD, POINT IS HE CAN NOT PERFORM, AND THAT IS IMPEACHABLE OFFENCE. NATIONAL ASSEMPLY AND SENATE IS FILLED WITH GREEDY ILLITERATES, I REPEAT, OUR ASSEMBLY MEN AND SENATORS ARE GREEDY ILLITERATES. |
| Re: Jonathan Can't Be Acting President - High Court by Nobody: 11:14am On Jan 14, 2010 |
I AM NOT DISAPPOINTED IN GOODLUCK, THIS IS NO MILITARY JUNTA, HE CANT OVERTAKE GOVERNMENT. BUT THE PEOPLE WE SHOULD BLAME ARE THE UGLY LOOKING SENATORS WHO CAN IMPEACH A NON-PERFORMING PRESIDENT FOR THE SAKE OF NATIONAL GROWTH, RIGHT NOW CHINA, ITALY AND USA DONT WANT NIGERIANS THERE, AND OUR COUNTRY IS A THEATRE OF POVERTY. ITS INSANE, THINK ABT 30 BROTHERS AND PARENT DEPENDING ON THE INCOME OF 6 SIBLINGS, THATS THE STORY OF NIGERIA DEPENDING 100% ON NIGER DELTA, AND THE NIGER DELTA IS POVERTY SLUMP OF SOME SORT, WHILE LAGOS AND ABUJA HAVE BEEN BUILT WITH OUR OIL AND GAS MONEY. SHAME TO ALL EASTERN SENATORS AND ASSEMBLY MEN |
| Re: Jonathan Can't Be Acting President - High Court by debosky(m): 11:17am On Jan 14, 2010 |
na2day!: Be careful what you wish for - Goodluck has avoided setting a bad precedent by usurping his superior. Issues concerning the fate of the nation should be clearly spelt out in the constitution and not left to the whims of individuals. You might think it is a good thing now, but what if a corrupt VP decides to simply kick out his non-corrupt but docile boss? What then? We should be governed by clearly set laws and not by who has more aggressiveness to seize power. That is a vestige of the military era in Nigeria and we must get beyond that. |
| Re: Jonathan Can't Be Acting President - High Court by Onwan: 11:22am On Jan 14, 2010 |
Na beans to be president? That south-south militant should go and sit down, he thinks by sponsoring touts and making cheap placards and getting gluttons and political houseboys like Falana and Soyinka "join" in the "solidarity" "struggle" means he can be president? He must be a real joke. Presidency is not Yaradua or some stupid item on a shelf for sale; thats why those freaks like Falana, Soyinka and Gani (RIH) couldnt even dare. Presidency is an institution, and you have to be qualified to be one. People like IBB (who mistakenly put OBJ there), Yaradua are qualified. To be sincere, that Abacha's son that was released from the prison should run for presidency, I will vote for him. I AM NOT HAUSA, BUT THERE IS SOMETHING I KNOW; A NURSERY SCHOOL TEACHER THAT IS HAUSA WILL MAKE A BETTER PRESIDENT THAN A PROFESSOR YORUBA OR IBO. THEY ARE GIVING, SOUTHERNERS ARE PETTY So tell that Johnatan guy to go suck bricks in Ogoni-land Presidency |
| Re: Jonathan Can't Be Acting President - High Court by na2day(m): 11:27am On Jan 14, 2010 |
debosky:You're right debosky but at times u get frustrated knowing dat what works in other clime is like a wishful thinkin in 9jaria, and sometimes u wish for the old military stability. i know our psyche has been brutalised by all these people, these democracy is gettin to be a nightmare for 9jarians! |
| Re: Jonathan Can't Be Acting President - High Court by kufreabasi(m): 11:41am On Jan 14, 2010 |
They will all get it wrong if they can't follow their constitution. I don't really why they have the constitution. Is it that the cannot interprete the constitution. |
| Re: Jonathan Can't Be Acting President - High Court by Nobody: 11:50am On Jan 14, 2010 |
Onwan: Why is this one ranting ?? If you have any constitutional point to make, pls state it coherently and stop ranting like a deranged mallam! This is not a time to get ridiculously tribalistic. If your Umalu Yar' Liar had any form of decencu in him, he'd retire and let this country have peace! |
| Re: Jonathan Can't Be Acting President - High Court by otukpo(f): 11:55am On Jan 14, 2010 |
Our Senators shld be blamed not the VP. There is so much disunity in the south and i don't see how the eastern senator would have done the magic. Northern senators are more united while the southern senators are busy clinging on to the dividing factors; Yoruba, Igbo, ND |
| Re: Jonathan Can't Be Acting President - High Court by otukpo(f): 12:01pm On Jan 14, 2010 |
PDP is our major problem. The VP cannot take over power by force. The senators have to give the power to him. Jonathan shld better take it cool as his already doing. Any form of aggressiveness or power hungry displayed by him may count against him later. Nigeria is a complex entity with a strange political and legal equation. |
| Re: Jonathan Can't Be Acting President - High Court by ddiamond(f): 12:02pm On Jan 14, 2010 |
constitution is not valuable to this people, the read and turn it to favour their selfish interest. stupid people.  |
| Re: Jonathan Can't Be Acting President - High Court by LadyT(f): 12:03pm On Jan 14, 2010 |
Head less chickens the lot of them. Im waiting to hear the cost of the 15 person delegation they plan to send to check if the pressy is alive and well. As for those hungry for the VP to have power forget about it. The constituin is so unclear and twisted they will be there for months arguing. At the end of the day the pressy is too sick to do his job but the need and greed for power in Nigeria is so great that even those knocking on deaths door wont let go for their own health benefits. Only God can solve this silly situation. |
| Re: Jonathan Can't Be Acting President - High Court by Onwan: 12:06pm On Jan 14, 2010 |
@Ujujoan you must be very deranged and out of touch to be talking constitution here. You need to be well researched before talking or posting bullshit. An idiot like you is saying Yaradua should let the country have "Peace" What more peace do you want?, go to Zimbabwe and look for peace, sierraleone, Dafur, etc If we dont have peace here, please tell me what kind of peace we should be looking for; 1. The type they (or as I suspect) you have in the US? (where every murderfucker is looking over their shoulders for a bomb or something, and you have to be practicaly naked to get on a fucking flight) 2. The type you have in the UK? - where you cant even wear a turban or get on a train/bus without thinking of getting gased or blown. You better shut the Bleep up and start getting your facts right. Idiot |
| Re: Jonathan Can't Be Acting President - High Court by Vavavoom(m): 12:14pm On Jan 14, 2010 |
Onwan: Soyinka, a freak? This forum may be virtual but our words judge us and give the public and insight to our characterisation |
| Re: Jonathan Can't Be Acting President - High Court by Nobody: 12:23pm On Jan 14, 2010 |
Onwan: Listen you Arrow. If you don't know what to say, just shut the f.u.ck up! I see you are one of those people still living under the illusion that you have a president. I do not need any researh to tell me that I 'selected' Johnatan to be Yar' Liar's vice. Even a fool knows that the implication is that he takes his place when the Liar is not avaialable. And now people like you are trying to turn it into a tribal war. Like the Hausas were born to rule Nigeria. Look how far we've come with them in power. If you have any sense of reasoning you'll know that those Mallams are even deadlier that their poisionus sword! With all the millitants actions, tribal and religous wars and high crime rate, you are still talking about peace. I pity you! |
| Re: Jonathan Can't Be Acting President - High Court by slap1(m): 12:27pm On Jan 14, 2010 |
@onwan. your posts are irrelevant. what's eating u up? do u have vocal haemorrhage? |
| Re: Jonathan Can't Be Acting President - High Court by LadyT(f): 12:30pm On Jan 14, 2010 |
Onwan seriously what is your problem? |
| Re: Jonathan Can't Be Acting President - High Court by Onwan: 12:32pm On Jan 14, 2010 |
@Ujujoan There you go again you uneducated idiot Crime rate? You need to borrow and get a satellite TV and watch foreign news and programs like COPS, where you see the so-called peacefull US, where 99% of the populace and cases on streets eventually shows crack posession and violence - you want to compare that? See, Im way above whatever an idiot like you thinks - as far as I am concerned - NIGERIA IS PEACEFUL AND WILL REMAIN PEACEFUL. If you are having problems on your own and lack peace, then go die - ONE LESS MURDERFUCKER @Vavavoom You dont want to get me started on that cult-peddling idiot you call Soyinka - HE IS THE BEAST OF NO NATION |
| Re: Jonathan Can't Be Acting President - High Court by slap1(m): 12:36pm On Jan 14, 2010 |
@ ujujoan.take it easy. don't let a fool make a fool of u by ensnaring u wit his words.@onwan. i'm sorry but SOYINKA is more important to the world than your whole village. |
| Re: Jonathan Can't Be Acting President - High Court by Nobody: 12:49pm On Jan 14, 2010 |
LadyT: I think he's having a mental breakdown!  Onwan: See education speaking! LOL The fact that your assessment of peace is by comparing violence is what makes me so sure that you are going insane! Well, I think I want to avoid trading words with you, cos you obviosly dont THINK! People like you dont deserve freedom of speech, it'll you take you a lifetime to be able to achieve a qtr of who Wole Soyinka is. And you open your mouth to call him names!!! mccheeeeeeeeeeeeew! |
| Re: Jonathan Can't Be Acting President - High Court by blackmann(m): 12:53pm On Jan 14, 2010 |
seems to me like driving a car from the passenger seat. naija, we hail thee. |
| Re: Jonathan Can't Be Acting President - High Court by AbuMaryam1(m): 12:59pm On Jan 14, 2010 |
@NL All you guys are just making rants and jeers dat will not help matters. The V.P Mr Lucky Jona knws better far beyond us. Any aggressive manner from him to usurp his boss will turn into sour, thus, an opportunity for his impeachment. The Northerners are not ready for Jonathan. I'm personally flattered the way he is handling the situation. |
| Re: Jonathan Can't Be Acting President - High Court by Vavavoom(m): 1:01pm On Jan 14, 2010 |
Ujujoan: The possibilities that come with being human can never be gauranteed, some are born without limbs, others without sight and a great many more complete in physical embodiments,except their capacity to think depreciates as they put their thought into word form; that is where our friend is at, |
| Re: Jonathan Can't Be Acting President - High Court by Nobody: 1:04pm On Jan 14, 2010 |
^ ^ ^ LOL |
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