The power vacuum created in the Presidency by the failure of ailing President Umaru Yar‘Adua to delegate power to the Vice-President, Dr. Goodluck Jonathan, is beginning to take a toll on the country, with no one to sign the 2009 Supplementary Budget into law.

Saturday Punch investigation revealed that Jonathan declined to assent to the supplementary budget bill passed by the National Assembly early in the week.

A source close to the Federal Executive Council told our correspondent that Jonathan’s decision was based on his belief that budget-signing was an exclusive duty of the President, which he could not undertake because he had not been made the Acting President in line with Section 145 of the 1999 Constitution of the Federal Republic of Nigeria.

Although it was gathered that before he left for Saudi Arabia for medical treatment at the King Faisal Specialist Hospital in Jeddah, President Yar‘Adua instructed that all files that needed his attention should be forwarded to the Vice-President, Jonathan was unwilling to take any decision that could raise constitutional problems.

As a result, our correspondent gathered, Jonathan would not sign the supplementary budget or other sensitive decisions requiring the President’s approval.

A source also told our correspondent that it was also for the same reason that the Vice-President withheld approval of the list of the 2009 National Awards presented to him by the Governing Board of the Nigerian National Merit Awards at a meeting on December 1, 2009.

The source said, ”There is no way the Vice-President would sign the supplementary budget. It is a presidential function, and he (Jonathan) is keen to avoid issues that would raise constitutional problems.

”I can assure that, if he signs it, there will be reactions. People will go to court and make noise all over the place. In the end, the supplementary budget will not be implemented because of the issues that will be raised.

”The Constitution spelt out certain functions that could be performed by the President and the Vice-President, and others that could be delegated. This (signing of the budget) is an exclusive function of the President. There is no way he would sign it.”

While the signing of the supplementary budget is mirred in confusion, there was also uncertainty concerning its whereabouts. Saturday Punch gathered that the supplementary budget was still with the National Assembly several days after it was passed by the lawmakers. It was also gathered that the fact that the Vice-President was not in a position to sign it, informed its delay at the National Assembly.

Similarly, a scheduled meeting of the National Council of State, the highest advisory body in the country, was postponed indefinitely because Jonathan could not chair it. The Council was supposed to meet in the last week of November, but the meeting was postponed after its members were told to ignore the invitations earlier extended to them.

The National Council of State comprises the President, former presidents/heads of state, state governors, and past and serving chief justices of Nigeria.

The postponed meeting was supposed to consider and approve membership of some key Federal Government commissions. It was also expected to approve the application made by some foreigners to become Nigerian citizens.

There have been fears that the machinery of governance could grind to a halt in the absence of President Yar‘Adua, an insinuation the government has spiritedly refuted.

In rejecting calls on the Federal Executive Council to invoke the provisions of Section 144 in order to pave the way for Yar‘Adua‘s resignation on the grounds of ill-health, the Secretary to the Government of the Federation, Alhaji Yayale Ahmed, had maintained that Jonathan was in charge.

He, however, noted that on matters requiring the President‘s express approval, contacts were being made with Saudi Arabia and such approvals did come.

At a news conference after a FEC meeting on December 2, 2009, Ahmed had said, ”I want to assure Nigerians that this government is indeed working and is in good shape. Every other aspect of governmental activity is being conducted well, and the Vice-President, as usual, is in charge.

”On issues that would require Mr. President‘s express approval, contacts are being made and such approvals do come.”

But the SGF‘s explanations have not been able to put to rest calls for the Vice-President to officially assume the position of Acting President, a situation that would enable him to perform all the constitutional duties of the President.

In Yar‘Adua‘s absence, Jonathan had represented the President at a number of events, including presiding over the weekly FEC meetings.

The FEC, chaired by Jonathan, had on Wednesday ratified the President‘s anticipatory approval for an International Development Association budget support credit of $500m.

There are also strong indications that the VP will stand in for Yar‘Adua to provide answers to critical national questions that may be raised by the Nigerian Economic Summit Group and civil society organisations at a presidential policy dialogue during the forthcoming National Economic Summit scheduled to commence in Abuja on December 15.

At a meeting with the Board of Directors of the NESG at his office in the Presidential Villa on Tuesday, Jonathan reportedly assured that he would be available if Yar‘Adua was not yet back.

The NESG had at an earlier meeting with the President on September 1 2009, invited Yar‘Adua to take the ”hot seat” and provide answers to questions on critical national issues that would be raised by a panel set up by the group.

The programme, which the NESG termed ”presidential policy dialogue”, is an innovation being introduced at this year‘s summit.

During the dialogue, the President is expected to present the country‘s economic scorecard, and respond to questions concerning it. Yar‘Adua had agreed to take up the challenge.

However, with Yar‘Adua currently hospitalised in Jedda, Saudi Arabia, the NESG again raised the invitation during its meeting with the Vice-President on Tuesday.

Issues expected to be raised by the NESG include the poor performance of federal budgets, the Niger Delta question, insecurity, unemployment and infrastructural challenges, particularly the problems in the power sector.

President of the NESG, Mr. Sam Ohuabunwa, had reportedly given indications that Jonathan would represent Yar‘Adua at the event when he said, ”The Vice-President has promised us that Mr. President will be available for the meeting. But if he is not, that he himself and the Economic Team will take the heat, and actually, that‘s the issue.”

Efforts by Saturday Punch to get the Vice-President‘s spokesman, Mr. Ima Niboro, to confirm the reports that Jonathan had declined to sign the Supplementary Budget on constitutional grounds and had also refused to approval the 2009 National Awards list were not successful.

Calls made to his phone numbers could not go through, while text messages sent to him were not delivered because the lines were not available.

[size=16pt]Jonathan is not in charge, and he knows that —Akeredolu[/size]

The Nigeria Bar Association President, Rotimi Akeredolu is firing again from his hot barrels. Now it is over the stalemated Mr. President’s absence and health incapacity. He strongly feels the right thing in law as clearly stipulated in the constitution on how the Vice President should take charge in the absence of the number one man has not been kept.

Akeredolu is not amused by the stance of the Federal Executive Council (FEC) that Jonathan is in charge. He is also not happy that the National Assembly has not seen the reason to make sure things are done lawfully.
Earlier this week, his path and that of the Senate President crossed on the matter at the NBA legal week in Abuja.

Senate President spoke first and sneered at those calling on Mr. President to resign as praise singers and sycophants. Akeredolu fired back at him and insisted that the law must be followed. Now again, the second time in the week, he took a swipe at Goodluck Jonathan, Vice President, in a chat with Saturday Sun, saying that the VP lives in self-deception to think he is in charge as the FEC makes Nigerians understand without any legal backing. That goes to say he could be sitting there just as lame duck – all name and no action.
Hear the rest from the NBA boss:

What is your view on the politics the North is introducing into a legal provision that the vice president takes over when the president is incapacitated and can’t function?
Well, I am hearing this from you, for the first time. I don’t know whether that’s the equation being pursued. You call them the Northern Union. I don’t know whether that’s the point they are making.
But all we know and all what Nigerians believe and what true Nigerians should know, speaking for myself is that this is a country, this is a nation and the only way to build a nation is for us to build institutions and to build such institutions, it can’t be on parochial basis.

Look, we have a constitution, which talks about the office of the president and the office of the vice president and the constitution designs clear provisions as to their respective roles. Whether the president is from the West and his deputy is from East for as long as they have been elected, whether the president is from North and the deputy, no matter where he comes from, the law applies to them fully and equally, the extant provision of the constitution would apply as to who is who, and what is what and what happens after what and what happens.

I don’t know what has happened, the only point we keep making now is very simple and the point is that we have provisions of the constitution. We have Sections 144 and 145 and S145 to me is very clear. If Mr. President left in the manner in which we are made to understand, then his mental state was perfect and I believe he was. All he had to do was to act by declaration to the Senate President that he is going for medical treatment and the Vice President will act for him in his absence. That’s what the constitution provides in section 145.

So, when he comes back he takes over as president, but in his absence the Vice President must act. Although people tell us that the VP has been acting, but that isn’t how the Vice President should act. The VP acts only when there is that letter from the president, or declaration from him to the Senate President to the effect that he is going on vacation and that the VP would act for him. That’s all.

But the PDP insists that Goodluck Jonathan is acting?
Jonathan isn’t acting in law. And he can only act in law, when the provisions of Section 145 have been complied with and we are saying, comply with that section Goodluck Jonathan can be there according to the PDP, and may probably be acting for the party. But we want to know that he is acting in law and he can only act in law when Section 145 of the constitution is complied with and that’s is what we are saying.

The president should have complied with that section before leaving. We went further and the position of the NBA is simple; that if the president acts the way we have heard about the issue of his health, the time has come for the application of section 144 of the constitution for a medical team to assess, if he is capable to continue in office. If they say, he is, nobody would say he shouldn’t continue. But we aren’t going to rely on PDP medical report. The country can’t rely on Aondoakaa’s medical report.

The AGF isn’t a doctor, he is serving his own selfish interest there, nobody is going to rely on his medical report, neither are we going to rely on the wife’s medical report.
This issue of Mr. President’s health has become like a breaking plate that is often repeated, every now and then. So, what is wrong in a medical team telling us whether our president is capable to carry on the work he has been elected to do? If for every reason they believe that with his health he can’t cope with the weight of the job, then, let him resign. That’s all. It is in his own interest and that of the country for him to resign.

But it seems those who should set the machinery in process for the VP to act have shut their minds to the entreaties of Nigerians and what the law says. The Senate and the FEC have shown they are not ready?
I agree, I am not saying he can’t be away. The Bar would not say he can’t be away. It isn’t that he can’t be away for treatment for a year, all well and good but while he is away, let the VP act for him in law and let him send the letter to the senate and the VP is there acting the law. That’s all.

When the VP has such backing in law, then he can do many things and there would be no vacuum. That means he is already acting as the president of the country, but if you don’t have such letter and you pretend to be acting, you aren’t only fooling yourself and trying to fool the country. If there is no such declaration and no letter is sent to the Senate, you are only fooling yourself. That’s what we are saying. So, it is a simple thing, but I don’t know why we are belabouring this issue. I don’t know why the president is taking us through all this torture and the Senate, House of Representatives and PDP are taking the whole country through all this unnecessary debate on the health of the president.

Anybody can take ill, everybody should continue to pray, but the point is that while we are praying for him and he isn’t here, somebody must in law act for him under Section 145 of the constitution and that must be done. There shouldn’t be any pretence about it, whether the person who is going to act will come from the East or South doesn’t matter. He chose the VP and luckily it was Goodluck Jonathan he chose.
So, he is the one that would act and there is no way you can play round it. Jonathan as Vice President must act for him. That’s the point we are making.

The AGF’s position on section 145 conflicts with the NBA’s interpretation and that of other concerned Nigerians. Does that still come back to the call for the separation of office of AGF and that of minister of justice to insulate the AGF from politics?
I agree with you. A number of us are bewildered about a lot of his statements, the Bar is worried, majority of our members are really concerned. In fact, I received calls, I am inundated with text messages from lawyers and non-lawyers alike about the way Aondoakaaa is carrying out his functions. One is worried about it and one has to say it that it is unfortunate.

It is the person who occupies the office that makes what the office becomes; that is what I want you to know. I agree with you that probably the office of the AGF and minister of justice should be separated, there have been several arguments. But a lot of our people have occupied that office and did it with style; they have been able to differentiate their role as minister of justice and that of AGF. The way they had interpreted the law was not partisan, and they were not influenced by political parties.

Some people have been there before this man. Aondoakaa wouldn’t be the first. If you continue to get the kind of reactions that I get from almost everybody, then it means that something is wrong. It isn’t because of the fact that two offices are combined. It is probably because of the person that occupies the office now. He doesn’t appreciate his role, or that the AGF of the country has to be dispassionate in interpreting the law. He can’t do it under any influence, whether PDP or otherwise. This is what is lacking, this is what he doesn’t understand.

We have been calling on him to interpret what Sections 144 and 145 of the constitution say. All these points he has been making about whether it is moral or not to be making an issue of Yar’Adua ill-health are balderdash. It is an unfortunate thing an AGF is asked to look at what is the provision of section 145; to know if that has been complied with? Is Jonathan not entitled in law to act? Now that the president has gone abroad for medical treatment, can he be said to still be working as president of the Federal Republic of Nigeria? If Yar’Adua is on working tour, he could be in Britain or America, nobody asks him when he will come back.

The other time he travelled, did he hand over to Jonathan? When you are going for medical treatment or your vacation, when you will not be able to perform the functions of that office, somebody must by law be in charge. That’s what Section 145 says and that is what we are asking him to interpret, not to talk to us about morality and other things that don’t concern him. This man, Aondoakaa has a problem and I think it is better for us to advise him not to become a problem to the country itself.

But why are you always pissed off with him - whether in his interpretation of the law, or on the government’s anti-corruption war?
It is not me, I think the whole country is pissed off, the whole country is. Look, I can subject him to a poll and I can assure you that 99 per cent of the people of this country would tell you that this man is a problem to this country as an AGF. I have received text messages. The Bar has been a bit mellow in our reactions to him and we have only advised him that he shouldn’t embarrass us, but he continues and I think the time has come that we will tell him to his face that, ‘look you are an embarrassment to the profession.’ The AGF is an embarrassment to the legal profession.

In the past we had AGFs whose stewardships were anything but decent; but they return to the Bar and the camaraderie continues. Don’t you think there should be a way the NBA should reprimand its members who served as AGF and didn’t behave well?
I think there should be and a number of us have said so; a number of us have even said that when we have our colleagues who have held political offices they should be made answerable for what they do, just like Bill Clinton when he perjured - ordinary perjury! By the time he finished as President the Bar of Arkansas suspended his licence. By the time he completed his tenure as president, the Arkansas Bar to which he belonged, tried him and suspended his licence, because he perjured. He just told a simple lie: “I never met that girl”. That is all.

But here, we have people who are Attorney General who do worse things. People who have held political offices and they do things that are best described as professional misconduct, but they come back, nothing is done.
I believe the Bar should look into this. You are right. We should look into it so that if I commit any wrong, the Bar should be able to try me. There’s no problem; if it amounts to professional misconduct I should be dealt with. There’s nothing wrong with it. This is what we clamour for; let us all try and see what we can do about this. I think you are right, I agree with you that it shouldn’t be issue of business-as-usual that people will now leave offices having committed a lot of error and will still come back, be among us and they will be working as if they are kings. It is an unfortunate thing.

What’s the update in the calls for reform of the process of selecting SANs. Are those who want the status quo to remain winning?
Yes, there’s a battle. But honestly I don’t know who is winning - whether those who want the status quo to remain are winning the battle, or otherwise.
All I know is that the process of selection has undergone a lot of changes in the past. A lot has happened over the last two years and I think a lot is still happening but the Bar wouldn’t rest on its oars and we will continue to insist that the process must be one in which transparency must be shown. The Bar would continue to insist that it wants to play greater role in selection of its members for preferment as senior advocates.

If you want to select lawyers as senior advocates, the Bar wants to know how you come about it, we want to be part of it. I, for one, speaking for myself, I think it has got to a stage that I am going to urge the Bar to also in addition to whatever the Legal Practitioners Privileges Committee LPPC) has in existence, the NBA should also set up its own committee to assess its members and now put it across that these members are qualified to become SANs. That means we are going through two processes: the Bar itself assesses its members, it passes it to LPPC and say,” from my own assessment, these are the ones that are qualified’’.

Don’t you think that could lead to internal wrangling and polarize the Bar?
There won’t be any internal wrangling, all of us will submit to what the committee decides. So, at the end of the day, all we are clamoring for is that the selection by LPPC must tally with what we feel is ok.
If you place somebody that the Bar hasn’t recommended, then it means that the person isn’t qualified. So, the Bar itself must have its own process of selection of its members. I am not saying it has been discussed, but this is my own suggestion to the Bar. I will take it to them and believing that the Bar will accept set up its own committee to assess its members so that when we do that we can screen our members and say, “these are the ones that are qualified’’. If they now say they are going to give to only fifteen, fair enough, you are the body set up by law to do it, but those fifteen must be among those we believe are qualified to be SANs. That’s all.

Will the NBA recommendation be taken in absolute terms? Won’t some use it to settle personal scores?
No, it won’t be in absolute terms. Personal scores? No, the people who are going to be involved are going to be men on integrity. We are going to pick not only senior advocates, we are going to be thorough. Even in our own committee there might be judges and they all sit down and assess people. They will appear before them, they will use their offices and we now say,” from what we have, those who claimed they have applied, these are the ones we believe are qualified.’’ We send it to you and we give you reasons.

MrCrackles:

It is obvious from day one that Jonathan is just an effigy. . . . .

MrCrackles:

It is obvious from day one that Jonathan is just an effigy. . . . .

puskin:

. . .Turai will sign it.

SapeleGuy:

Goodluck nah smart guy, he is merely giving them enough rope to hang themselves.
Bankole and Mark need to do their job Yaradua is in no position to write a letter even if he wanted to.

20 days and counting.

[size=16pt]‘Jonathan can’t act as President’ - Senator Mamora[/size]

For those clamouring for the Vice President Jonathan Goodluck to become acting President, they will need to prevail on President Umaru Yar‘Adua to write formally to the Senate that he is not available in the country.

Except the President writes to the upper federal legislature in accordance with the provision of section 145 of the Nigerian 1999 constitution, Goodluck can never be acting President, Senator Olorunnimbe Mamora said on Saturday.

”For the Vice-President Goodluck Jonathan to act as President, what needs to be done is simply for the President to comply with the Section 145 of the Constitution.

”The President needs to transmit to the National Assembly that he is either going on vacation or for whatever reason.

”However, the provision is yet to be implemented, hence Goodluck can‘t act as president.”

Mamora spoke to journalists in Lagos shortly after the Lagos caucus of the Action Congress in the National Assembly donated a bus to the party’s secretariat.

Asked whether Mamora‘s stand represents the position of the Senate, the spokesman for the upper chamber, Senator Ayogu Eze told one of our correspondents on phone, ”We will follow the provision of the constitution.”

Eze refused to speak further, directing our correspondent to ”go and read the constitution.”

Meanwhile, VP Goodluck had reportedly refused to sign the 2010 Supplementary Budget passed by the National Assembly early last week because he would not want to create a constitutional crisis by signing the document which he said was exclusive preserve of the president.

The VP was said to have insisted that he had no power to sign the budget because he was not an acting President.

Mamora who is the Deputy Minority Senate Leader said in clear terms that the inability to empower Goodluck as the acting president was hampering the business of governance in the country.

According to Mamora who is representing Lagos East District at the Senate, the president‘s prolonged absence in the country constitutes a moral burden even where the constitution does not prescribe how long the President can stay out of the country.

Mamora said, ”Even though the Constitution did not stipulate a time limit, but of course, morality dictates that in the interest of peace, progress and good governance, Mr. President ought to have complied with the provision of Section 145, which is to transmit to the National Assembly a letter conveying his mission.

”It is at that point now that the VP can now move in in acting capacity as President.”

The senator said that what would expose the whole problem would be when the budget is passed by the National Assembly awaiting the President‘s assent.

He said by that time, it would become obvious that there was a problem.

President Yar‘Adua left the country on November 23, 2009 on a medical trip to Saudi Arabia.

The presidency later announced that his doctors at the King Faisal Hospital in Jeddah named the president‘s ailment as acute pericarditis which means swelling of the membrane covering the heart.

The president‘s absence since 20 days ago has continued to generate controversy both within and outside the country with many individuals and groups calling for his resignation even as others asked that his VP should be empowered to act on his behalf.

The Nigerian Bar Association, for instance, had called for the resignation of Yar‘Adua whom the lawyers group said should abdicate power in order to pay attention to his failing health.

But the ruling Peoples Democratic Party said the issue of the president‘s health was being overblown and asked for prayers for him.

The National Chairman of the PDP, Prince Vincent Ogbulafor on Friday in Abuja said, ”Let me use this medium to condemn in strong terms the negative utterances of some Nigerians over the health of our dear president.

“As a human being, it is not unusual for the President to be sick. The President‘s competence and ability to run the affairs of this nation is not in doubt. The PDP maintains that Mallam Yar‘Adua, GCFR, still remains our president.

“The good news is that our amiable President will return home soon. I therefore urge our detractors to stop playing God; rather, we should always pray for the quick recovery of the sick.”