ABUJA, NIGERIA Jan 27 2010 14:53

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Nigeria's Senate said on Wednesday President Umaru Yar'Adua, who has been in Saudi Arabia receiving medical treatment for two months, should formally notify Parliament about his absence in line with the Constitution.

Yar'Adua has been in a clinic in Jeddah since late November receiving treatment for a heart condition but has not formally transferred power to Vice-President Goodluck Jonathan, triggering debate over the legality of government decisions.

"The Senate urged the president , to formally notify the National Assembly of his medical vacation pursuant to section 145 of the 1999 Constitution," Senate president David Mark said, following two days of closed-door debate.

Article 145 states that whenever the president submits a written declaration that he is proceeding on vacation or otherwise unable to perform his duties, the vice-president takes over as acting president until he writes again to the contrary. -- Reuters


http://www.mg.co.za/article/2010-01-27-nigeria-senate-calls-on-president-to-clarify-absence?

Story! Arrant Nonsense!

Good and welcome move by the Senate.

This is just reminding him that there is a section of the constitution which he is simply choosing to ignore. The President as the Chief custodian of the Nigerian Constitution should not be openly flouting the provisions of the constitution. Besides that flouting the constitution on a very serious issue as power vacuum is gross misconduct purnishable under section 143 of the constitution.

If this letter is not produced in due course, the Senate should reconvene to threaten the President with impeachment using section 143.

If there is anyone out there still think that the President has a choice to either respect section 145 or not. Please see a previous response I gave to that effect.

The sections of the constitution are not written for the President to choose whether a President should obey them or not.

the word 'whenever' was not there to waterdown the importance of that section of the constitution nor is it intended to make the section objectionable. It is just there to show that this operetion may occur as many times as necessary or it may not even happen at all depening on whether there ever exist a situation where the President is unable to perform his duties.

The options here are whether a scenario when the President is unable to perform the functions of his office ever arise not whether the President has any choice on how to react to such a scenario.

If the debate here is whether such a scenario has played out at all. Well yes it has and there is proof. The Situation where an outgoing Judge swears in the Incoming Judge against the provisions of separation of power is 1. A situation where the vicePresident has to deploy the military in Jos is another.

By the way in case you think the President has the power to choose when to and when not to obey the constitution consider section 1 below.


Quote
1. (1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria.

(2) The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.

(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.

the senate should not leave their work half done they should go further and finish what they started, finish the man off one time by way of impeachment. Nobody should hold a whole nation hostage. Time will tell if they are man enough

Writing a letter at this point is of no use and its not going to change anything. All this move is to keep Jonathan temporarily in power following his masters' seven point agenda. Acting President or Acting for the President does not translate into any substantial shifts in policy. We need a team of medical experts to certify whether Yar'Adua is temporarily or permanently incapacitated as provided in the constitution. This would result in whether Jonathan assumes office as Acting President or as a PRESIDENT WITH FULL AND PERMANENT EXECUTIVE POWERS FOR THE REST OF THE TERM. What we need is a fully mandated President with his own set of agenda.

Dr Know:

Writing a letter at this point is of no use and its not going to change anything. Acting President or Acting for the Presiden does not translate into any substantial shifts in policy. What we need is a fully mandated President with his own set of agenda.

Your post is true and explains how shortsighted Sarki Mukhtar and Tanimu Yakubu are.
If they had allowed this letter to go through since, Political Opiniion and sympathy would have been in favour of Yar'adua and any major policy shift or cabinet reshufle could have been blackmailed as driven by greed and over zealiousness.

But now with all this disrespect and telling Jonathan that they don't trust him, Jonathan will only be a fool if he climbs power and does not take charge by side lining the so called Yar'adua men.

The Yar'adua men have simple been commiting sacrilege and deserve no pity.

The Yar'adua boys have shot themselves on the foot. they have disrespected Goodluck and now
have to swallow their pride and accept him as acting President or President, with all its
consequences.
The lesson here is that at all times we must do what is right and at the right time. It saves
everyone embarrasments and heartaches.

Afterall no one was born in Aso Rock and all the guys involved were born before independence
and we all know where they came from. No big deal, step back, its another guy's turn.

They should think of Nigeria for a change.

^^^ Well said by mike & citizenY ,some people go don dey shit for pant as we speak . . . . .

Do you think Yar'Adua is going to write any vacation letter? If he refuses I could smell an impeachment process in the horizon. The senators will get angry. The FEC should not be powerful than the people's Representatives. Besides, the FEC members are not medical experts to know whether the president is medically capable to continue in office. On what criteria did they base their assertion. This is democracy turned bureaucracy.

This is quite significant bearing in mind the Senate resolution was announced by David Mark who has been sidestepping this issue for a while.

It must also be remembered that Yar 'Adua's men lead by Thief James Ibori and the sleazy wife Turai have been doing everything possible to prevent the House of Rep and Senate from moving positively against their intransigence.

It now remains to be seen what the Senate's next move will be.

Even as this is a good development it is still extremely saddening that the Nigerian senate , after several national disaster that could have been averted by their expedient actions, has had to be bullied into doing the inevitable right thing !!!!

If the moribund President refuses to yield to the Senate request, the Senate may have no option but to start impeachment proceedings against him.

Me, I have no confidence . not with this legislature and party.
They will push us to the limit. I bet you. The gravy train is#about to derail
and it is no joke. Ambitions and Thievery shall be revealed and thwarted.

kuramo:

If the moribund President refuses to yield to the Senate request, the Senate may have no option but to start impeachment proceedings against him.

I have my serious doubts about this present senate doing the right thing. Remember they are all benefitting from this state of rudderless sailing ship.

What does the constitution or decorum says about a very sick person who is unable to perform his duties over 14/30days. If the President is unable or unwilling to write a letter and the NASS cannot get a medical report on the President state of health, is in't the best options is to commence impeachment proceedings within 30days of such disobedience to the constitution ( exhibit 1 is the fact that he did not write to NASS or he was unable to write). Then there is a lacuna( a grey area) in the law. Who should be writing or communicating on behalf of the President if he is incommunicado)

I will suggest an amendment to the constitution wherein If the VP is unable to contact the President for 24-48 hours following medical emergency to report it to NASS and take temporary charge. The citizens of this country were left exposed security wise during the absence of the President. FEC are unelected men/women who wield serious power especially the President's kitchen cabinet, and that is not right.