The Abuja High Court was today asked to declare Umaru Yar’Adua’s failure to transmit a written declaration to the leadership of the National Assembly before proceeding on medical vacation three weeks ago to be a violation of the Nigerian constitution.

In the suit, filed against the Attorney-General of the Federation by Mr. Femi Falana of FALANA & FALANA’S CHAMBERS, Abuja, the court is also asked for:


* A declaration that the meetings of the Federal Executive Council held since November 23 2009 and the decisions taken at those meetings are illegal and unconstitutional as they violate Section 148(2) of the Constitution of the Federal Republic of Nigeria 1999.
* AN ORDER OF MANDATARY INJUNCTION compelling Yar’adua to transmit a written declaration to the Senate President and the Speaker of the House of Representatives that he has proceeded on medical vacation (and) to empower the Vice President, Dr Goodluck Jonathan to discharge the functions of the President as the Acting President of Nigeria.



The Attorney-General has eight days to respond to the summons either personally or through a legal representative. If he fails to do so, according to the summons, the court could determine as it pleases as the judge may think “just and expedient.”



The full text of the lawsuit is as follows:
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA

SUIT NO: FHC/ABJ/CS/732/09

BETWEEN:

FEMI FALANA )… PLAINTIFF

AND

ATTORNEY GENERAL OF THE FEDERATION )…DEFENDANT

ORIGINATING SUMMONS

LET THE DEFENDANT within eight days after service of this Summons on him inclusive of the day of such service cause an appearance to be entered for him to this Summons which is issued on the application on the application of the Plaintiff for the determination of the following question:


QUESTIONS FOR DETERMINATION

1) Whether the refusal or failure of the President to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives before proceeding on medical vacation on or before November 23, 2009 is not a violation of S. 145 of the Constitution of the Federal Republic of Nigeria 1999.

2) Whether the Vice President, Dr Goodluck Jonathan can discharge any of the functions of the President when a written declaration has not been transmitted to the President of the Senate and the Speaker of the House of Representatives by President Umaru Musa Yar’adua pursuant to Section 145 of the Constitution of the Federal Republic of Nigeria 1999.

Read More: http://www.saharareporters.com/index.php?option=com_content&view=article&id=4552:falana-asks-court-to-declare-yaraduas-failure-to-hand-over-to-jonathan-illegal-&catid=1:latest-news&Itemid=18

it looks like there are serious people left in the country

a failed state called nigeria!

Lets see how this goes

At long last, help is on the way for Nigeria.
Keyamo, where are U.

Thank God. Now the spirit of Gani Fawehinmi lives on.

Thank You Oga Femi Falana. I know if Gani were to be alive, he would have done this. Now Gani will be happy wherever he is.

At last, some hope for Nigerians!!!!



God bless NIgeria!!!!

for those of you who dont believe in Saharareporters, here is the Nigerian Punch version.


[size=18pt]Falana sues FG, wants Yar’Adua to hand over to Jonathan
[/size]

The President of the West African Bar Association, Mr. Femi Falana, has dragged the Federal Government before the Federal High Court in Abuja, asking it to compel President Umaru Yar’ Adua to inform the National Assembly about his hospitalisation and empower Vice-President Goodluck Jonathan to take charge of governance.

In suit No FHC/ABJ/CS/732/09 filed on Tuesday, the plaintiff is asking the court to hold that that it is illegal for the President to travel abroad for medical treatment without transmitting information about it to the National Assembly.

Falana is also seeking an order of mandatory injunction compelling Yar’Adua to transmit a written declaration to the Senate President and the Speaker of the House of Representatives that based on his medical trip to Saudi Arabia, Jonathan should be empowered to lead the nation as the Acting President of Nigeria.

The plaintiff’s lawyer, Mr. Sola Egbeyinka, had filed the suit on behalf of the WABA president and joined the Atorney-General of the Federation and Minister of Justice, Mr. Michale Aondoakaa (SAN), as the sole defendant.

The lawyer is also asking the court to determine whether the President’s refusal or failure to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives before proceeding on the trip on November 23, 2009 was not a violation of Section 145 of the 1999 Constitution.

The plaintiff further asked the court to determine whether Jonathan can discharge any of the functions of the President when a written declaration has not been transmitted to the Senate President and the Speaker of the House by Yar’Adua pursuant to Section 145 of the constitution.

He also asked the court to determine whether the weekly meetings of the Federal Executive Council held since November 23, 2009 and the decisions taken by the council were not illegal and unconstitutional by virtue of Section 148 of the constitution.

In the suit, the plaintiff is also said that, “before his medical vacation, the President had nominated Justice Aloysius Katsina-Alu and Justice Ayo Salami as the Chief Justice of Nigeria and President of the Court of Appeal respectively subject to the confirmation of the Senate; after the President had proceeded on vacation, Justice Umaru Abdullahi retired officially as the President of the Court of Appeal on the 30th day of November, 2009; owing to the absence of the President, the most senior justice of the court has not been officially sworn-in as the Acting President of the Court of Appeal as required by the 1999 Constitution.

He also said that unless the Senate confirmed the appointments of Katsina-Alu and Salami as soon as possible, the administration of justice at the highest level of the judiciary may be brought to a halt due to the absence of the President; several cases involving his clients would not be attended to if the appointments of the CJN and President of the Court of Appeal are not regularised as a result of the President’s medical vacation; if the appointment of Katsina-Alu is confirmed as the Chief CJN by the Senate, he has to be sworn-in by the President

According to him, “I know as a legal practitioner that the meetings of the Council of State, the National Defence Council, National Security Council, Nigeria Police Council and the Federal Executive Council cannot be held in the absence of the President as he is required to preside over them in his capacity of the Chairman; in the conclusion of the last two meetings of the FEC presided over by the Vice-President, it was announced in the print and electronic media that the approval to the award of the following contracts:-

(i) An International Development Association policy credit of $500m for bridging the shortfall in the 2009 Budget; (ii) Supply of one unit of IG7 generator assembly and spares for Kainji Hydro Electric River PLC for E4.352M; (iii) Upgrade/expansion of Existing gas metering facilities at the Sapele power station for $26.4m and N1.1bn.

Falana said he believed that “a written declaration by the President to the Senate President and the Speaker of the House of Representatives to the effect that he is on medical vacation will enable the Vice President to discharge the functions of the President in an acting capacity; that I know as a fact that President George Bush of the United States of America, President Fidel Castro of Cuba, President Levy Manawasa of Zambia and Prime Minister Aeriel Sharon of Israel and President Ahidjo of Cameroun handed over to their deputies when they were sick in office; the vacuum being experienced in the Presidency was never contemplated by the constitution. Hence a vice-president was elected with the President on the joint ticket on the same Political Party i.e Peoples Democratic Party; as far as the constitution is concerned, the vice-president is required to be the Acting President whenever the President is on vacation or otherwise unable to discharge the functions of his office; that unless the reliefs sought by the plaintiff are granted, Nigeria may be plunged into a serious constitutional crisis which may be exploited by anti-democratic forces.

No date has been fixed for the hearing of the case. The application was backed with a 10-paragraph affidavit deposed to by Mr. Samuel Ogala.

http://www.punchng.com/Articl.aspx?theartic=Art20091216220789

Now we have someone at least doing something about the situation. This is what I expected the lawyers in the country to look at doing !!