SENATORS finally buckled under intense public pressure on Wednesday and asked President Umaru Yar’Adua to comply with Section 145 of the Constitution and write to the National Assembly (NASS) about his health.

That would give Vice President Goodluck Jonathan the leeway to act as President, as demanded in the past two weeks in public protests in Abuja and Lagos.

The Federal Executive Council (FEC) countered, however, that Yar’Adua is not incapacitated, and does not need to transfer power.

That argument was fleshed out on Wednesday by federal Attorney General and Justice Minister, Michael Aondoakaa, who spoke for the FEC.

Nonetheless, the Senate decision on Yar’Adua’s health and absence from duty for two months running was reached behind closed doors, after two days of hot debate, and horse trading, mixed with an allegation of N1.2 billion bribery.

Senators also resolved to amend Section 145 to correct the anomaly in the Constitution.

Senate President David Mark read out the resolution at plenary after the Chamber met for three hours in camera.

He said the Senate resolved to urge Yar’Adua to formally notify the legislature “of his medical vacation pursuant to Section 145 of the Constitution.”

The resolution directed the Senate Constitution Review Committee “to propose an amendment to Section 145 to resolve flaws exposed by the present circumstance,” and urged Nigerians to continue to pray for the speedy recovery of Yar’Adua.

It did not set a time limit for him to transmit the letter.

After plenary, Senate Spokesman Ayogu Eze recounted to reporters that the lawmakers were allowed to “ventilate their views” on Yar’Adua’s health even though the Chamber noted the constitutional constraints on the NASS.

Said he: “For the past two days, five hours yesterday (Tuesday) and about three hours today (Wednesday), the Senate has been engaged in a very intense debate and an examination of all the issues involved: constitutional, social, and political.

“We have decided to speak like statesmen, because even though there are certain limitations we have in the Constitution, we embody the mandate of the people of Nigeria, and we try to reflect their aspirations and their desires in whatever we do, and that is what has guided the decisions we took today (Wednesday).”

Eze emphasised that, “There has never been any division along the lines speculated in the newspapers, “politically, tribally, ethnically, or even against personalities.”

The Senate has been “treading carefully” and “looking at all the issues,” and has been united behind the Constitution, he added.

“We are satisfied that what we have done now is what we think is in the best interest of the country to ease the tension and move Nigeria forward.

“That’s why we resolved to urge (Yar’Adua) to honour Section 145 by notifying the (NASS) that he has proceeded on medical vacation; even though it’s going to be in arrears as it were.

“We have come to the conclusion that it is right that the spirit of that provision be respected.”

However, the FEC insisted that there is no reason for Yar’Adua to transfer power to Jonathan.

It was its response to the ruling on January 22 of the Abuja Federal High Court which gave the FEC an ultimatum of 14 days to assess his health and declare whether or not he is fit to perform his duties.

The FEC explained that transmitting power to his Deputy is the exclusive and discretionary right of the President.

Aondoakaa, who read out the position to reporters in Abuja, stressed that Yar’Adua has not undergone surgery.

He said the FEC, acting pursuant to the court order, unanimously passed a resolution and declared that Yar’Adua “is not incapable of discharging the functions of his office, and that the medical treatment outside the country does not constitute incapacity to warrant or commence the process of (his) removal from office, under Sections 144 and 146 of the Constitution.”

Aondoakaa pointed out that in the 234-year American Presidential system, which Nigeria copies, the President has handed over power to his Deputy only three times when he underwent surgery.

He maintained that Yar’Adua has not undergone any surgery since he left for Saudi Arabia on November 23 last year, and urged the public to understand that the transfer of power to a Deputy, as in the American cases, is always done secretly for security reasons.

Aondoakaa said the FEC has accepted the ruling of the Abuja Federal High Court on January 13 that Jonathan should continue to carry out the functions of Yar’adua in his absence.

He insisted that the FEC has accepted the decision of the court “and as long as we know, no Minister can disagree with (Jonathan) and no executive order issued by (Jonathan) can be questioned by any authority in the executive arm of government. That is the position.

“The issue of acting President is a matter which comes under the purview of Section 145 of the Constitution.

“The condition precedent for it is that the President must write for a voluntary transfer of power to the Vice President to be acting President. Where the President does, the Vice President automatically assumes the duties of acting President.”

He noted that the Constitution does not provide for any swearing in, “It is an automatic elevation to that position of President but the job must start from the President.”

Aondoakaa’s encounter with journalists went thus:

Journalists: Were doctors consulted in arriving at the decisions of the FEC today?

Aondoakaa: We followed the Constitution.

Journalists: Can you name the medical experts consulted?

Aondoakaa: The Constitution does not make that provision. The issue of medical team comes after the decision is made, whether or not the President is incapacitated. So, I cannot bend the Constitution.

Journalists: Can the Vice President dissolve the FEC?

Aondoakaa: We do not answer speculative questions. The law deals with actual questions and a positive mind does not think in the negative. The question is thinking not like a positive mind.

Journalists: Can you share with us what informed your decision on this matter?

Aondoakaa: Well, the (FEC) is made up of people with high integrity, which is inclusive of the Vice President who ordinarily is supposed to be the beneficiary of what other people are canvassing for. I have told you that it is a unanimous decision and that alone should have shown you that (Jonathan) is true and faithful because he took part in the decision.

Journalists: The analogy you drew of the United States Presidents shows that they were patriotic, but in our case, the President has been away for over 60 days, does that not say anything? And does the Constitution allow the FEC to say that the President is not incapacitated and that he can continue in office?

Aondoakaa: We followed the letters of Section 144 and I think Section 144 allows it and if anybody thinks it doesn’t he can go to court. The U.S. President underwent surgery but the only medical report made available to you and us is that (Yar’Adua) is not undergoing surgery, and it was a heart problem and the heart disease was disclosed to the press.

Aondoakaa argued that the transfer of power should not be confused with politics, because it is a voluntary and discretionary matter left to Yar’Adua, and it can only commence with him writing a letter.

“The issue also has been a security matter. It is not a matter that, when, if it is being transferred, the whole world will know about it as being canvassed – and where people will lead in delegations. It has serious security implications, even in the U.S.

“We have the decision of the court, which the court in its wisdom finds as right, and its facts that (Yar’Adua) has delegated all his powers to (Jonathan).

“The only position left is that if you are affected by the decision of the court, if you are not a party to the case; you apply for leave as an interested party to appeal against the decision of the court.”

This is sickening!!! i felt like throwing up last night when i watched this on TV.
Sick Sick Sick

^^^What is sickening