Kobojunkie:

No one mention his NOT RESIGNING. It is in the constitution that he would have to resign from the one post to assume the other. We are talking about hierarchy here, and about how the person ought not to matter when we are dealing with the office!

Quote from: Iranoladun on Today at 02:21:33 PM
I've said this before: Who is the acting Vice President of the Federal Republic of Nigeria

We have an acting President with no VP
@edoyad if Jonathan should fall ill then we'd all know naija is sitting on a keg of gunpowder


An ACTING president is NOT the PRESIDENT. We still have a PRESIDENT. The Acting President IS the VP. If VP goes, the next man, in this case Yayale takes over. If Yayale goes, then the president of the senate/national assembly takes on the post.

We are in a demcracy, and not MILLITARY rule where you have to worry about someone taking your seat when you travel. It is nobody's property.

Dr Know:

So according to you, the Acting President is travelling out for one week, the Senate President should resign from his current post and assume the role of the Acting President. I think you need to enrol in an evening class to broaden your sense of logical thinking.

Fhemmmy:


A president should hand over to the VP in case of anything
A VP shd hand over to the Senate Presido, incase of anything . . . . But for a period of time and not indefinite
That is our constitution

~Bluetooth:

you cant run away from the provisions of the constitution.the constitution has a set time for the president or governors to be away and we cant tolerate vaccum in governance.i stand by what i say,jonathan doesnt have constitutional right to handover to yayale.God forbids.what if jonathan dies in america,so you expect yayale to now handover to mark.abeg free me

mikeansy:

You have started your own mis-info

Jonathan has not handed over to Yayale. He is may have simply delegated Authority to Yayale. These two things are different.

If Jonathan drops dead in America, David Mark takes over immediately. Those are the provisions of the constitution.

mikeansy:

You have started your own mis-info

Jonathan has not handed over to Yayale. He is may have simply delegated Authority to Yayale. These two things are different. Section 5 gives him the power to excersize executive authority through Ministers and Civil Servants. That is what delegation of authority stands for.
A President does not have to handover power in order to carryout Government Business abroad.

If Jonathan drops dead in America, David Mark takes over immediately. Those are the provisions of the constitution.

146. (1) The Vice-President shall hold the office of President[size=15pt] if the office of President becomes vacant by reason of death or resignation, impeachment, permanent incapacity or the removal of the President from office for any other reason in accordance with section 143 of this Constitution.[/size]

(2) Where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of Vice-President is also vacant, the President of the Senate shall hold the office of President for a period of not more than three months, during which there shall be an election of a new President, who shall hold office for the unexpired term of office of the last holder of the office.

~Bluetooth:

can please explain
the difference between handover and delegate.
is there any duration of time that yayale can stand in such capacity.
Would yayale have the same presidential power as jonathan,i mean like commanding the armed forces?

Dr Know:

Is Jonathan going to the moon?

Pro Anti:

There is no place in the constitution where it is stated that the president must hand over to someone when he is travelling for an official business.

Also, there is no official statement from the presidency on who would hold forte while the acting president is away. What are we arguing about?

Lets pray 4 a gud outing 4 Acting Mr. President!

Jarus:


and we have to pray because our president is visiting another president. . . . .are things that bad for us?

Fhemmmy:

I ave missed a lot oh, lemme read what i have missed and will join you.

Mike . . . U have a point like everyone said, when we say handover, we not talking of the dude becoming the next president, but to over see things, chair the SEC meeting and all that while the president is not around.

mikeansy:

But he will not be abroad that long enough for any SEC Meeting to hold in his absence

Kobojunkie:

I think it depends on what discussion you are following. Some are focused on dealing with what happens when the president travels, and others, including self, are focused on what ought to take place when the Acting President does the "yar adua", dies etc.

Fhemmmy:

Never say never . . . .

mikeansy:

When we get there we shall cross the bridge, but Jonathan is due back in Nigeria on Tuesday.

Fhemmmy:

I am sure we never knew Yarasick would be gone for that long either

Fhemmmy:

I ave missed a lot oh, lemme read what i have missed and will join you.

Mike . . . U have a point like everyone said, when we say handover, we not talking of the dude becoming the next president, but to over see things, chair the SEC meeting and all that while the president is not around.

Pro Anti:

Only the president or his vice can chair the FEC meeting.
And We've not been told that Yayale will oversee the affairs of the nation. Just like the ministers, he will only do whatever the acting president assigns to him.

mikeansy:

but the constitution was well equiped to deal with such situation

just like I like the constitution as is is well equiped to deal with anything thrown up

Pro Anti:

The circumstance necessitating the travelling of the acting president is different from the Yar'Adua disappearing act.

If any of the circumstances mentioned in section 146 of the constitution happens to the acting president, the senate president takes over.

mikeansy:

Handover confers you full Presidential Authority.

Obasanjo handed over to Yar'adua
Bush handed over to Obama.
If Yar'adua was a gentleman he would have handed over power to Jonathan by simply writing the NASS.

Delegation is like El-Rufai (FCT) representing OBJ on state affairs while he is busy with other affairs of state
Or like Ojo Maduekwe representing Yar'adua on Foreign Nigerian affairs.

Yayale is not President. He is simply the eyes of the acting President in Nigeria while Jonathan in is washington. Yayale is not acting President. He is still the SGF. Jonathan is still in charge. When Aondoakaa says the President can run the country from anywhere. He was correct except that the Yar'adua situation did not fit that analogy. Yar'adua was on a sick bed in Saudi with no hope of return anytime soon.

But the President does not have to handover to anybody in order to pursue Government Business abroad. But surely lying on a sick Bed for months in a Foreign Hospital is not Government Business but meeting the President of the United States in the White House is.

The constitution does not envisage handover of power to the Senate President. The condition under which David Mark becomes President will never involve a handover from a President or Vice. It will involve situations like impeachment, death, resignation in which none of President or his Vice are available to takeover. Then the Senate President will TAKEOVER.

So their will never be a handover of power to David Mark as Senate President. There can only be a TAKOVER of power by David Mark as circumstances demand.

~Bluetooth:

in a lame man analysis,i would analyse that the constitution recognise handing over of power from president to vice-president  when he's sick on vacation or incapacitated but did not make provision for when he may travel abroad which makes such transfer of power discretion.if the constitution can also recognise that acting president can hand over power to senate president in case of sickness or vacation,why is it that jonathan cannot use his discetion in handing over to senate president even he's travelling out for a day

148. (1) The President may, in his discretion, assign to the Vice-President

or any Minister of the Government of the Federation responsibility for any

business of the Government of the Federation, including the administration    of any department of government.


      (2) The President shall hold regular meetings with the Vice-President and

      all the Ministers of the Government of the Federation for the purposes of

      -

          (a) determining the general direction of domestic and foreign policies

          of the Government of the Federation;

          (b) co-ordinating the activities of the President, the Vice-President

          and the Ministers of the Government of the Federation in the discharge

          of their executive responsibilities; and

          (c) advising the President generally in discharge of his executive

          functions other than those functions with respect to which he is

          required by this Constitution to seek the advice or act on the

          recommendation of any other person or body.

~Bluetooth:

I guessed jonathan is greedy with power also.he feared david mark may commit a democratic coup before he comes.so nigeria wont have a commander till next week thursday.so pathetic

151. (1) The President may appoint any person as a Special Adviser to assist

him in the performance of his functions.

(2) The number of such Advisers and their remuneration and allowances shall

be as prescribed by law or by resolution of the National Assembly.

(3) Any appointment made pursuant to the provisions of this section shall be

at the pleasure of the President and shall cease when the President ceases

to hold office.

152. A person appointed as Special Adviser under section 151 of this

Constitution shall not begin to perform the functions of his office until he

has declared his assets and liabilities as prescribed in this Constitution

and has subsequently taken and subscribed the Oath of Allegiance and oath of

office prescribed in the Seventh Schedule to this Constitution.

~Bluetooth:

I guessed jonathan is greedy with power also.he feared david mark may commit a democratic coup before he comes.so nigeria wont have a commander till next week thursday.so pathetic