Federal High Court judge Dan Abutu. Photo: NAN


High Court judge rejects demand for acting president


By Ayo Okulaja


January 29, 2010 04:53PM
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A Federal High Court has rejected a demand by the Nigerian Bar Association (NBA) that an acting head of state be appointed until ailing President, Umaru Musa Yar'Adua, returns from Saudi Arabia where he is currently receiving treatment.

Federal High Court judge Dan Abutu ruled there was nothing illegal about President Yar'Adua's failure to write to the legislature about his absence before he left for treatment on November 23.

"The failure to transmit a written declaration to the National Assembly before proceeding on vacation is not unconstitutional," Mr. Abutu said.

"There is no mandatory requirement for the president to make a transmission to the leadership of the national assembly before proceeding on vacation or treatment outside Nigeria," he said.

"The functions of the office of the president cannot be held in abeyance on account of the omission of the president to transmit a written declaration," said Abutu.

He also ruled last week that the Executive Council of the Federation determine if the president is still capable of ruling the nation, in a case filed by a former member of the House of Representative.

The cabinet of ministers however declared on Wednesday that the President is still fit to rule the nation, after calls from the Senate urging the president to hand over to his vice-president.

Former Nigerian leaders have also joined the call on the sick president to cede power to his vice.


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