Yar’Adua has absconded - Senate - Refuses to recognise Goodluck - Legal authorities speak
From Soji-Eze Fagbemi, Taiwo Adisa, Dolapo Ekanade and Bukola Olajide - 28.01.2009[/size][size=8pt]
DESPITE the statement from the Secretary to the Government of the Federation (SGF), Alhaji Yayale Ahmed, that President Umaru Yar’Adua began his leave on Monday and that the Vice President, Dr. Goodluck Jonathan, would be the acting president for the next two weeks, the whereabouts of the president caused serious ripples at the Senate on Tuesday.


The Senate, at its plenary session, refused to recognise Dr. Jonathan as the acting president, because the president did not act based on the constitutional provision, which stipulates that the president shall transmit a written declaration on his vacation to the Senate, which would enable the vice president to act as the president.


What this means is that the Senate had declared that the president had absconded and abandoned his duties. Acting on constitutional order, Section 145 of the 1999, the Senate President said, “he (President Yar’Adua) has not done so (inform the Senate). That is why I have not read a letter. In the event he does so, the vice president will be acting president.”


Section 145 of the Constitution says: “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 on 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.”


Raising the Constitutional Order, Senator George Sekibbo, who displayed copies of two newspapers which he read on the floor, of the Upper Chamber, said President Yar’Adua, according to the statement from the SGF, was going on a two-week leave and that the vice president would act in his absence.


Senator Sekibbo said: “What I just want to know is, whether Yar’Adua has transmitted the message to the Senate President in accordance with the constitution. I want to know if it has been done. If we are talking about rule of law, we must abide by the constitution. Last year, speculations abound about the whereabouts of the president and suddenly, he re-appeared and started working.


“This Senate must protect the country and we know that the symbol of authority is the president, so, the Senate must take interest in the whereabouts of the president.”


Senator Sekibbo also raised order 40 (1&2) of the Senate Standing Orders and said: “The president of the Senate shall immediately, after prayers or as soon as any new Senator-elect has taken the oath, affirmation of allegiance read to the Senate any message addressed to the Senate by the president of the Federal Republic of Nigeria.


“A message from the president, if presented to the Senate by the leader of the Senate, may be brought up at any time before the commencement or at the close of public business, and shall be considered forthwith, or ordered to be considered upon a future day.


The Senate President sought clarifications on the two issues involved from the senators; whether the problem is the president going on leave or the vice president becoming the acting president.


“What is the issue here? Is it about the fact that President Yar’Adua has not transmitted his leave to the Senate or is it on the vice president becoming the acting president?” the Senate president asked.


Contributing to the debate, Senator Sola Akinyede pointed out that it was not mandatory for the president to transmit such a message to the Senate, adding, “if he does so at the moment, the vice president becomes the acting president.”


The Senate Leader, Senator Teslim Folarin, cleared the issue that President Yar’ Adua has not communicated the issue to the Senate President and added that Senator Shekibo only relied on newspaper reports.


Reacting, a former Attorney General of Oyo State, Alhaji Adebayo Shittu, said the Senate could be right in its decision. Asked about the solution, Alhaji Shittu said since the president was very much around in the country, he could be reached to intervene or attend to pressing national matters.


He explained that the president would have contravened the constitution if he had not properly transmitted a written declaration to the Senate. He said, “the president is very much in the country.

He has not gone on vacation, he is just in lieu of absence. He has not handed anything over to anybody. Such acts could lead to probabilities and could threaten national security.”


Also speaking in a telephone interview with the Nigerian Tribune, a senior advocate, Mallam Yusuf Ali, said “since the position of the constitution is clear, the Senate was right to comply.


“The position is quite clear. There is no way you can equate a written declaration under the hand of the president to a newspaper publication. The constitution is very clear on the matter,” he said.


In his reaction, president of the Nigerian Bar Association, Mr. Rotimi Akeredolu (SAN), said in the absence of the president, the vice president shoud act for him by the provision of the constitution. But Section 145 of the same constitution provides that the president should transmit a written declaration to the President of the Senate and the Speaker.


“Since Section 145 of the constitution says he must, then let him go and comply with its provision,” Akeredolu said. Also reacting, formost constitutional lawyer and university lecturer, Professor Itse Sagay (SAN), explained the process thus:


“The procedure is simply by virtue of Section 145. Where the president will be away on vacation, he shoud go by a written declaration sent to the Senate President and Speaker of the House of Representatives. Once he does not, until he comes back and sends a contrary notice, that he is back and ready to resume his duties, the vice president would act as president. It is a formal assumption of duty as acting president by the vice president.


“But President Yar’Adua simply announced. It is an informal way of doing it, the Senate was uninvolved. It means the vice president is not an acting president. The vice president was not formally invested. If there is something that legally requires the action of the president, the vice president cannot do it.


“Technically, although he is the only one in Aso Rock, he is still the vice president and not an acting president. He cannot act as such. If he acts, he still needs the formal approval of the president. The Senate is right.”

Source pls.

so in summary the nation is on auto pilot, the presido is nowhere to be found, the vice president can not act on his behalf because the presido did not inform the senate before he absconded, Nigeria we hail thee, so what is the job of the VP?

http://www.tribune.com.ng/28012009/news/news1.html

The president has gone on AWOL!!!!!

better for us. soon everybody will access to the oil and it will be do as you like. obj have finally succeeded in bringing nigeria to a standstill.

I'm so worried for the people (including me). So what will happen now? These people have turned the country into their personal matter and it's no more about the people they're meant to govern but about themselves.

I am smelling impeachement process by senate and house of rep , but am reserving my coment

Waste no more time and money, bring IBB back and witness wonder.
I think this is where we are heading, just mark it down.

I am smelling impeachement process by senate and house of rep , but am reserving my coment

@asha 80
are you doubting it, just wait and sea what they will later came up with

@gbola h
Honestly i believe the country is in shambles at the moment that i do not doubt anything.

omo if dem impeach this retarded man e good o. I dont think anybody can be as weak and ineffective as yaradua. OBJ is responsible for this, he didnt get the 3rd term and decided to punish nigerians and show them why 3rd term would have been better. In youruba they say

"ka ka ki eku maje sese a ma fi se awada ni"

Translators pls help me out i cant translate it to english.

Only in Nigeria

Lagosboy per ur proverb

Literally - The rat would rather have the sese (no idea of what that means) wasted than see someone else enjoy it.

Real meaning - To waste a thing that is of use to one rather than allow others use it.


Hope I got it right. Was quite hard translating it.

What is this? Sick country, sick people and sick leaders.

dying president leading a dying nation

dying president leading a dying nation

Haters he didn’t abscond . . .he will be back in a jiffy

had to rejuvenate himselves for this nu year

Xavier.:

Lagosboy per ur proverb

Literally - The rat would rather have the sese (no idea of what that means) wasted than see someone else enjoy it.

Real meaning - To waste a thing that is of use to one rather than allow others use it.


Hope I got it right. Was quite hard translating it.

Thumbs up it couldnt be better than that. OBJ would rather Nigeria go down with a down president than another president to surpass his little achievements. He succeeded in enthroning an unhealthy fellow un 150 million people.

I'm so worried for the people (including me). So what will happen now? These people have turned the country into their personal matter and it's no more about the people they're meant to govern but about themselves



im worried  about our   tomorrow 

foolish people.

i_laugh:

foolish people.

Blind patriotism – Dumb ass!

B.O.S.S.:

Blind patriotism – Dumb ass!

Which one is better? Blind patriotism or foolish un patriotism - which one is absurd - cursing your country and wishing it evil, or praying for it and wishing it well, which one is better? Acountry you wish evil for can never give you anything in return but the same evil which you wish for it, no wonder some of us make it better in the same cuntry you cant find anything good in.

i feel for the man. he never wanted to be president but for obasanjo. well, i suggest make the guy join yobe state gov and go there to enjoy his own 14 virgins.

i_laugh:

Which one is better? Blind patriotism or foolish un patriotism - which one is absurd - cursing your country and wishing it evil, or praying for it and wishing it well, which one is better? Acountry you wish evil for can never give you anything in return but the same evil which you wish for it, no wonder some of us make it better in the same cuntry you cant find anything good in.

Mate, It has nothing to do with that at all. We all wish Nigeria well but when all these weird news comes out and it gets weirder and weirder by the day how else should we comment? Should we see blue and call it red or see black and call it green?

Listen man, nobody wishes evil on Nigeria but when the leaders intentionally spit on the people they’re supposed to serve, then that’s utter wickedness and it’s just uncalled for.

Why do you base your comments in a prejudiced view? You think you’re Nigeria’s greatest friend unbeknownst to yourself that you’re actually doing the country evil by commending it even in the face of evil and calling us who see evil and criticise it foolish.

You’re not doing yourself any good except you desist from these one-eye-closed judgemental views and see Nigeria for what it is – Not Working. It would have been better if Nigeria is trying (or even trying too hard) but she’s not.

Call me foolish but I damn know well that I'm helpipng my country by being a fair critic than a foolish and blind ass-kisser.

The country is in it's elegant decline and all its faded glory - Thanks to people like you who see evil and would never comment.

Was he ever in the country?
Even when he was here, what happend?
No wonder, all this spent old fools, can now assume various positions of power.
Yar'a ill is total political miscalculation from day one. He was simply imposed on us.

you people need to be very careful with your post. the one and only owner of good health is GOD and he knows what tomorrow and next year would bring. Yaradua may live longer than some of nigerians who continue to make fun of his state of health. let us be more sensible, more mature and remember that what goes around sometimes also comes around.
please, be careful and make good use of your heads.

cre8tivity:

you people need to be very careful with your post. the one and only owner of good health is GOD and he knows what tomorrow and next year would bring. Yaradua may live longer than some of nigerians who continue to make fun of his state of health. let us be more sensible, more mature and remember that what goes around sometimes also comes around.
please, be careful and make good use of your heads.

Of course he could live longer and i think it is immoral to make fun of his bad health. However the issue is not personal it is the issue of the nation.150 million people cannot hold the entire country to a standstill because of his ill health. He needs time to attend to his health and he his not telling nigerians the truth.

The indian prime minister had a surgery few days ago and the whol of india knew abt his situation and prayed for him. How can a leader dissappear for like 2-3 weeks and lied he went for umrah.

useless senators,
Bunking and debunking newspaper reports , what a shame!!!

@logosboy: good point, but you must note that indians are not nigerians. our ways of thinking is pretty much different. it's part of our culture to keep certain things to ourselves. we continue to make fun of this man without deeply thinking, and i think this is ridiculous. @lagosboy, i wonder what you would have done if you happen to be in his position. we must be careful, respectful and sensible. instead of constant criticism, may be we should try something different and say a little pray for him. this is the only way out of darkness, because "God don't slumber"; he knows better and sees clearer.
please, be-careful.

i cant help but feel sorry for socia prefect goodluck jonathan, he has had nothing but bad l;uck since he became the vice president,i bet he ll be wishing he had been a governor instead of vp