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At last, Jonathan is Acting President! •Says, I’m humbled by this call to duty •How Senate, Reps made him Acting President •PDP leaders failed to scuttle Senate’s motion

Written by Okey Muogbo, Taiwo Adisa, Ayodele Adesanmi, Idowu Samuel, Bola Badmus, and Leon Usigbe, Abuja

VICE-PRESIDENT Goodluck Jonathan, on Tuesday, accepted the resolution of the National Assembly empowering him as the acting president, saying “I am deeply humbled and honoured by this great call to duty.” In a national broadcast to the nation on Tuesday night

, Acting President Jonathan described the circumstances

of his assuming duty as uncommon, sober and reflective.





He noted that the leadership and members of the National Assembly had shown great courage, statesmanship and patriotism in following the extant provision of the 1999 Constitution to arrive at the decision.

According to Dr. Jonathan, “I am fully aware of the responsibilities reposed in me and I want to assure all Nigerians that this is a sacred trust which I shall discharge to my fullest abilities.’’

He commended all the other political actors and national leaders, particularly the former Heads of State, elder statesmen, governors of the 36 states and other leaders of political groups, civil society organisations, the media, and, indeed, all Nigerians, for their invaluable contributions and counsel.

Dr. Jonathan’s acceptance speech came a few hours after the National Assembly passed a resolution empowering him as acting president.

How the National Assembly made him Acting President
Members of the National Assembly, on Tuesday, finally succumbed to the pressure of public opinion as they unanimously supported motions which sought to empower Dr. Goodluck Jonathan as acting president, in view of the prolonged absence of President Umaru Yar’Adua over his health challenges.

The lawmakers in the upper legislative chamber also passed a resolution that Acting President Jonathan “shall cease to act as president” when Yar’Adua arrives from his medical vacation in Saudi Arabia.

With the resolutions from both chambers, Dr. Jonathan will now be addressed as Acting President and Commmander-in-Chief of the Armed Forces of Nigeria, pending the return of Yar’Adua and a letter to the effect that he (Yar’Adua) has concluded his medical vacation.

The Senate motion, which was passed at exactly 12 noon, on Tuesday, was unanimous, as senators resolved not to allow too many contributions on the motion. It was clear that the senators had made up their minds as they chorused repeatedly that the Senate president should proceed to the prayers contained in the motion.

The senators said that in view of the absence of President Yar’Adua from the country and following his failure to transmit a letter to the National Assembly in line with Section145 of the Constitution, the lawmakers resolved to confirm the vice-president as acting president pending the return of the president.

The passage was preceded by a closed session of the Senate which lasted about 51 minutes.

Sources at the closed session said that the senators resolved to allign their interests and forge ahead as a united entity in the interest of Nigeria’s democracy.

It was gathered that the Senate leadership had, on Monday night, concluded on the necessity of the passage of the motion, but that there arose the need to merge the planned resolution prepared by the leadership with that of the members of the National Interest Group (NIG), who championed the need to pass a resolution seeking the transmission of vacation letter by the ailing President Yar’Adua on January 27.

The closed session was said to have resolved things in favour of the motion presented by the Senate Leader, Senator Teslim Folarin.

As soon as the sitting was thrown open, the Senate president recognised the Senate leader to read the orders of the day.

But Folarin immediately raised a point of order, raising orders 42 and 52 of the Senate Rules 2007 as amended.

“Things being as they are now, the next question is, what then is the solution to the national crisis of leadership compelled by the long and uncontrolled absence of the president?

“Again, we must turn to the constitution. The president has taken oath to uphold the constitution. The constitution says we must have a president in office. If now we have no president or we know not where the president is, then the constitution is violated, contrary to the oath of office of the president. Thus, a gross misconduct is established, not from his illness, but from the illness of Nigeria brought on her by the president.

“The act of abandonment of the nation without a head becomes gross misconduct, an impeachable act. Senate can summon those in charge of the President and give them the serious option or face the consequence.

“The president should transmit his absence by written declaration of vacation to the President of Senate and Speaker of House of Representatives as provided under Section 145 of the Constitution or face impeachment. Alternatively, if the president is so ill as to be unable to cognitively act, the Executive Council of the Federation should be invited to adopt the permanent incapacity resolution of Section 144 or leave the National Assembly no choice but to follow the impeachment road which may ultimately erode their offices.

“The third and final alternative is to wait until the tenure of the president expires, in which case he ceases to hold office by the force of the constitution.

“In short, the present situation cannot be resolved by pretentions of the courts or of the National Assembly but only by placing the nation first and above the president. The situation requires firm and bold faculty. Where this is absent, it will be better for the National Assembly to blow in the interim a muted trumpet until the present tenure of the president and his government expires instead of mere play-acting under the constitution.

Finally and ultimately, the people need the constitution made out of their experiences. It is when they have one that the constitution will conjure and command the type of reverence that will enable the president and those around him to respect the nation and people instead of holding them to ransom.”

Mallam Yusuf Ola-olu Ali (SAN) has said that the doctrine of necessity, which was the basis which the Senate passed a resolution on Tuesday that Vice-President Jonathan should assume the office of the acting president, is constitutional.

Mallam Ali said this in a telephone intervivew with the Nigerian Tribune. He said considering the provision of Section 145 of the 1999 Constitution of the Federal Republic of Nigeria, which provides that whenever the president transmits to the President of the Senate and the Speaker of the House of Representatives a written declaration that he is proceeding an vacation or that he is otherwise unable to discharge the functions of his office, until he transmits to them a written declaration to the contrary, such functions shall be discharged by the vice-president as acting president.

He said the absence of the president had created a vacuum and it was important to fulfil that section of the constitution, adding that since the National Assembly was a creation under the law, its resolution was according to law.

Ali said: “If for instance, a law said that you should use your left hand and the left hand is incapacitated and cannot be used, to use the right would not be out of law since the law did not say you should not use it.” He said there was an urgent matter that had to do with the current state of the nation, as it related to the absence of President Umaru Yar’Adua from the country.

The Senate President immediately asked whether the senators were prepared to listen to the point of order. The Senators immediately responded with a thunderous ‘aye’.

Folarin then proceeded to read the prepared motion, which had two prayers. One of the prayers asked Vice-President Jonathan to assume office as Acting President and the second leg of the motion indicated that the vice-president shall cease to perform the duties of the president when the president transmits a letter in writing that he has resumed from his medical vacation.

But before Folarin’s motion was seconded, Senator Garba Lado (PDP, Katsina) raised a point of order and read Section 145 of the constitution.

He said that the Senate lacked the power to make Vice-President Jonathan acting president.

The President of the Senate, Senator David Mark, however, ruled him out of order and paved the way for the Deputy Senate President, Senator Ike Ekweremadu, to second Folarin’s motion.

The motion presented by Senator Folarin and seconded by Senator Ike Ekweremadu read:

“The Senate notes that the President, Commander-in-Chief of the Armed Forces of the Federation, His Excellency, Alhaji Umaru Yar’Adua, GCFR, left Nigeria for a medical attention in the Kingdom of Saudi Arabia on the 23rd November 2009.

“Notes that the entire country, particularly the Senate, prayed for his quick recovery and expected his early return from the said medical vacation.

“Notes that on the 12th of January 2010, His Excellency, President Umaru Yar’Adua, GCFR, transmitted to the whole world through the British Broadcasting Corporation (BBC), a declaration that he is receiving medical treatment in Saudi Arabia and consequently will be unable to discharge the functions of his office until his doctors certify him fit to return to Nigeria to assume his duties.

“Notes that the President of the Senate and the Speaker of the House of Representatives read the President’s declaration transmitted through the BBC and further published in several print media.

“Satisfied that, in the interest of our nation, Section 145 of the Constitution of the Federal Republic of Nigeria 1999 has been complied with by the said declaration.

“Do hereby resolve as follows:
1. That the Vice-President, His Excellency Dr. Goodluck Ebele Jonathan, GCON, shall henceforth discharge the functions of the office of the President, Commander-in-Chief of the Armed Forces of the federation as Acting President.

2. That the Vice-President shall cease to discharge the functions of the office of the President when the President when the President pursuant to Section 145 of the Constitution of the Federal Republic of Nigeria 1999 transmits to the President of the Senate and the Speaker of the House of Representatives in writing that he has returned from his medical vacation.”

When the Senate President put the question, it was unanimously agreed to and Mark then proceeded to read a prepared speech to justify the passage of the motion.

Mark said that the senators had decided to stabilise the polity through the motion.

He said that the president’s prolonged absence had bred anxiety and tension in the polity since his departure to Saudi Arabia on November 23, 2009.

He said that the Senate has remained guided by patriotism, wisdom and national interest, adding that in search of solutions, the Senate had moved the motion to ascertain the health status of Mr. President, invited the Secretary to the Government of the Federation (SGF), Alhaji Yayale Ahmed, to brief it.

He further stated: “In furtherance of this and consequent upon the information provided by the SGF, the Senate urged Mr. President to notify the National Assembly of his medical vacation in compliance with the provisions of Section 145 of the 1999 Constitution.

“We further resolved that the Senate Committee on the Review of the 1999 Constitution should undertake a critical review of Section 145 of the Constitution in view of the present unforeseen circumstances and urged Nigerians to continue to pray for the speedy recovery of our dear President.”

He said further that the Senate has shunned legalese to adopt the principle of necessity.

“ Today is indeed a historic day for constitutional development in our country. The wisdom, patience, endurance, tenacity and understanding of the Nigerian people have strengthened us to attain this milestone and to resolve a seemingly intractable political and constitutional conundrum. We salute the patriotism and unalloyed support of the Nigerian people, even as we pray for the quick recovery and return of Mr. President.”

Mark further said: “My distinguished colleagues and bosses, shorn of legalese and technicalities, the intendment and spirit of the Constitution, as far as Section 145 is concerned, is that the legislature should have foolproof and irrefutable evidence that the Mr. President is going on vacation, or is otherwise incapable, in the interim, of discharging the functions of his office.

“A rigid and inflexible interpretation will not only stifle the spirit and intendment of the Constitution, but will also affront the doctrine of necessity. The doctrine of necessity requires that we do what is necessary when faced with a situation that was not contemplated by the Constitution. And that is precisely what we have done today. In doing so, we have as well maintained the sanctity of our Constitution as the ultimate law of the land.

“Viewed from an ordinary reading of section 145, we came to the conclusion that the President, through his declaration transmitted worldwide on the British Broadcasting Corporation (BBC), has furnished this parliament with irrefutable proof that he is on medical vacation in the Kingdom of Saudi Arabia, and has therefore complied with the provisions of Section 145 of the 1999 Constitution.

“For the avoidance of doubt, let me re-emphasise the import of prayer number two (2) of our resolution. The President will automatically resume office as President and Commander-in-Chief once he is well enough and returns to the country and informs us accordingly, pursuant to section 145.”

Also, the House of Representatives rose from its Tuesday plenary session which was almost marred by chaotic scenes, conferring on Vice-President Jonathan a full power to act as the president of Nigeria pending the arrival of President Yar’Adua from Saudi Arabia where he has been since the past 82 days in search of improved health.

The Speaker, Honourable Dimeji Bankole, while receiving 36 state governors who paid him a visit after the plenary session said the House by its Tuesday’s decision had “bowed to the wish of Nigerian people.”

Bankole said the Reps resolved to employ political solution to the problem of leadership vacuum in the country, being mindful of the conflicting position of groups and individuals on appropriate solution to apply.

Members had to force the leadership to take the resolution granting Jonathan full presidential power, having defeated an initial attempt by loyalists of the president who were insisting that the vice-president should only be acting without a legal backing.

Before the plenary commenced, a motion meant to make the vice-president act only in an “executive capacity” had been prepared and meant to be presented for adoption, whereas members who sensed a fast play through such a motion kicked against it, thus throwing the session into chaos.

Within an hour, the House had held closed door session, the first of its kind since the past 10 years, just to find a common ground for members to resolve their differences, an opportunity that was fully exploited by the pro-Jonathan members.

It was after the closed door session that the Bankole asked the House Leader, Honourable Tunde Akogun, to read the resolution which enjoyed massive support by members.

The resolution read: “That for peace, order and good government of the federation and consistent with the judgments of the courts, Vice-President Goodluck Ebele Jonathan, GCON, shall act and assume full presidential powers as acting president, pending the return of the president, Alhaji Umaru Yar’Adua, to office.”

Before arriving at the conclusion, the leadership had to deploy its chairman of Rules and Business Committee, Honour-able Ita Enang, to obtain information on the Senate proceeding on the same issue.

By implication, therefore, the Senate’s position propelled the House to eventually resolve to align by redrafting its resolution to favour the take over of government by the vice-president in acting capacity.

A week earlier, the House leadership had demonstrated support for President Yar’Adua when the Speaker, Honourable Bankole, discouraged a motion calling on the president to sent a vacation letter to the National Assembly for the vice-president to take over.

Also at the National Assembly was the Kwara State governor, Dr Bukola Saraki, who led other state governors on a visit to the Speaker.

He congratulated the House of Representatives on the resolution it took to end the brewing political crisis in Nigeria.

Saraki, who declared support for the legislature on the resolution, recalled that governors had met at the weekend and resolved to urge members of the Federal Executive Council (FEC) to accord the vice-president full support as he took charge of national affairs with full presidential power.

Addressing the media after the parley with Representatives, the Benue State governor, Gabriel Suswam, said “what we came for is to give solidarity to the National Assembly and I am happy that it has risen up to save the situation. Our democracy is no longer nascent.”

Opposition mounts against Jonathan
Kano politican, Alhaji Tanko Yakassai, is heading a new group which includes former Minister of Justice, Alhaji Bashir Dal-hatu; former president of the Nigeria Labour Congress (NLC), Paschal Bafyau and Senator Paul Ukpo, seeking to prevent the confirmation of Vice-President Jonathan as acting president.

The group, Forum for the Defence of Democracy and Rule of Law (FORDRUL), was of the view that there was no need to hand over power to Jonathan as acting president, since, in its view, the constitution of Nigeria was still functioning.

While addressing a press conference in Abuja, on Tuesday, the group stated its opposition to what it said was the “emerging threats of veiled attempts to cripple our hard-earned nascent democracy.”

The group also condemned the recent pronouncement of the Newspapers Proprietors Association of Nigeria (NPAN) demanding for the transfer of executive powers to the vice-president.

It noted that though the association had the right to its opinion, it could not “arrogate to itself, the sole authority to dictate how a democratically-elected government in Nigeria must operate.”

PDP leaders failed to scuttle Senate’s motion
Facts emerged, on Tuesday, that the leadership of the PDP moved to scuttle the motion passed by the Senate, which empowered Vice-President Jonathan as acting president.
It was gathered that the leadership of the party sent words to a meeting of the Senate leadership on Monday evening and insisted that the Senate sitting of Tuesday should not debate the issue of acting president.

While the Senate leadership was meeting on the motion, the pressure was said to have started coming from the party leaders, a source said, adding that the Senate leadership was, however, monitoring a meeting of the National Interest Group (NIG), the group of senators who started the agitation to confirm Jonathan as acting president.

It was gathered that the leadership of the party had also reached out to the House of Representatives and assured them that the Senate would not debate the issue of acting president.

But sources said the leadership of the Senate had concluded that it was necessary to debate the issue and that the leadership would first gauge the feelings of the members through a closed session.

At the closed session, it was concluded that the motion should go ahead in view of the overwhelming sentiment on the floor.

Sources in the House of Representatives, however, indicated that the leadership of the House was stampeded to agree to the debate after Honourable Dino Melaye had caused a lot of discomfort with continuous calls for the motion on acting president.

The House had to go into closed sessions twice, following the insistence of some members that the motion on acting president must be taken.

What the senators say
Some senators, on Tuesday, reacted to the resolution as passed by the Senate.

In his reaction, Senator Dahiru Kuta, Vice Chairman of the Drugs, Narcotics and Financial Crimes Committee, described the resolution as a “triumph for the constitution and a triumph for the rule of law.”

Also, Senator Enyin-naya Abaribe said it was the best way to get out of a bad situation and it went to show that our democracy was maturing.

Senator Olorunnimbe Mamora, while reacting to the resolution, said “if anybody is saying that there was no vacuum, that person doesn’t know what he’s saying. If there’s no power vacuum, what about the post-amnesty programme?

“If there was no power vacuum, why did they take the 2009 Supplementary Appropriation Bill across the shores of Nigeria to give to Mr President to sign?

“Please, don’t confuse executive powers with presidential powers. All presidential powers are executive powers but not all executive powers are presidential powers. Executive powers is delegative but presidential powers cannot be delegated.”

Senator Ayo Arise said Nigerians sent us here to resolve thorny issues like this, adding that the Senate decided to take the bull by the horn.

“We asked ourselves how the Americans solved similar situations when they were confronted with a situation not envisaged by the constitution.

“For example, they never anticipated that their president could die in office initially but it happened,” he said.

Senator Odion Ugbesia said “it is a good day for democracy as far as it can lead to the resolution of the political situation. It is a political situation that should diffuse the tension in the land. We have to support the motion and act in the interest of the nation.”

What S/South govs say
The South-South governors have commended the resolution of the National Assembly asking Vice-President Jonathan to assume full powers of the president on acting capacity.

The governors said the move had created stability in the country.

Speaking during a visit to Jonathan on Tuesday, Governors Emmanuel Uduaghan of Delta; Liyel Imoke of Cross Rivers and Timipre Sylva of Bayelsa said whatever might have been said about the procedure of transfer of power, it had taken care of exigency that had arisen.