[size=14pt]Turai ’s ambition wasted our time – Itse Sagay[/size]
Cover Stories Feb 13, 2010

By Chioma Gabriel, Deputy Editor

In this encounter, Professor Itse Sagay, a Senior Advocate of Nigeria and a professor of  Law and former  Dean of the Faculty of Law at the University of Benin  critically analyses the Constitutional implications of former Vice President Goodluck Jonathan assuming the role of Acting President.

What are the Constitutional implications of this development?

It is a positive development to have an Acting President. I also agree with the lawyers who are saying technically that there is no provision in the Constitution for the National Assembly just to pronounce the Vice President the Acting President. I agree with them. But that is to look at it in a very dry and technical fashion. We have a situation where we are dealing with an abnormality. Constitutions are made for reasonable and normal people to operate. But the Nigerian political elite is an abnormal political elite.

When Yar’Adua was traveling abroad and it was clear that he was so incapacitated, there should have been a letter transmitted to National Assembly[b] but his kitchen cabinet and his wife conspired to prevent this[/b] so that they themselves could continue to operate as the President in the place of Yar’Adua. This was what the National Assembly was faced with.

In the circumstances, we have to be creative in order to save the country. And the creativity in what they have done is this: The Section 145 requires Yar’Adua to transmit a letter to the Speaker of the House of Representatives and President of the Senate.

That was not done in a formal way but he did give a broadcast in which he admitted that he was sick, he was incapable, he was not in a position to resume duty until his doctors allowed him. What the National Assembly has done and I agree with them, is a creative interpretation of that broadcast, that he has transmitted a message that he is incapacitated for now, to the National Assembly.

So, that is enough for the National Assembly to act and they have acted on it. Some Nigerians like Lai Mohammed said on TV that in law, broadcast is equivalent to writing. That was the way the issue was interpreted. Any broadcast was equivalent to writing.

In my view, the expanded and creative interpretation of that broadcast gave the National Assembly the power to do what they have done. It is my view that Jonathan is legitimately the Acting President.

What advice do you have for people who still have issues against that?

We are lawyers. We have seen the legal flaw in what has happened and if we capitalize on it and forget the political situation in the country, which was very dangerous, things might go wrong. On Tuesday, we were very busy as lawyers because as lawyers, we also have a duty to save this country from chaos.

So, I will appeal to everybody to rally round the Acting President and accept the interpretation put on the provision of Section 145 by the National Assembly. And if the illness continues indefinitely, then , we will go to the next stage, which is Section 144 where a panel would be set up for Yar’Adua to be declared permanently incapacitated so that the Acting President becomes full President. That is the stage one towards curing the sickness that has held Nigeria bound for three months.

So what do you have to tell some Northern politicians who are trivializing the whole thing by playing politics of North and South with it?

It is very unfortunate but I always remind them that Jonathan Goodluck was a member of their party. PDP is one party, not two.

He ran with Yar’Adua on Nigerian ticket and therefore, by the Constitution, each one of them is entitled to be President. No one is nominated as Vice President if he is not capable of being President.

So, we envisage, that under the present circumstances, the Constitution envisages that the Vice President will become President and the circumstances have arisen and so the North as true PDP men should join other Nigerians and back the Acting President in the interest of this country.

If Nigeria disintegrates, the greatest loser will be the North because they are the ones who are most dependent on the resources of the South for their own daily existence. So, it is a very risky adventure for them to create a crisis which can cause disintegration in Nigeria.

http://www.vanguardngr.com/2010/02/13/jonathan-presidency-the-inconvenient-truth/

I like the last paragraph. Very straight and direct advice as to the consequences of this Northern shenignans.

They should be afraid, be very afraid.

Was this not the same idiot who withdrew his signature and claimed not to have been properly informed when his name was added to the list of people asking Yaradua to step down/resign/transmit power to his VP?

nonsense
where has he been

took the words right out of my mouth, the sycophants ll start coming out of the wood works now condemning turai even though they didnt make a sound when she was around

thank you cyberG, its him oooh, he thinks we're in babies in nursery school. he withdrew his signature when he wasnt sure, but now he's blabbing.

still at a loss on how a mere woman could be so powerful,

samuelk:

still at a loss on how a mere woman could be so powerful,

That is the most condescending and ridiculous thing I have heard today.
You need to retract that statement and apologise to all women, immediately.

Who the hell is Turai, all these strange names popping out of nowhere.

mama-gee:

Who the hell is Turai, all these strange names popping out of nowhere.

You don't know Turai?
Damn!