[size=14pt]A sick country and its sick President (2)[/size]

By Douglas Anele, Published: Sunday, 20 Dec 2009
click to expand image

Alhaji Umaru Musa Yar‘Adua

Keep in mind that under the flawed presidential system we are operating at the moment, the office of the President is very critical in determining the existential conditions of the country and its people. In more advanced democracies, the institutions of state are mature enough to withstand the frequent absences of the President or Prime Minister for whatever reason.

Nigeria‘s democratic system is rudimentary; the functioning of the apparatus of state is heavily dependent on individuals, not on institutions. Of course, institutions are run by people, but mature and effective institutions also depend on certain traditions built over the years, which transcend particular individuals. Our political institutions are yet to evolve such traditions.

It follows that there is nothing wrong if, based on his frequent trips abroad, some Nigerians express their suspicion over the President‘s incapacity to perform his duties due to ill-heath by asking him to resign. A lot is at stake whenever the head of state of any country, particularly an underdeveloped country such as ours, is repeatedly absent from his duty post because he is receiving abroad the kind of top quality medical care he did not provide for his compatriots at home.

Furthermore, Section 144 of the 1999 Constitution contains provisions on when the President (or Vice-President) shall cease to hold office on medical grounds. It vests the responsibility for such declaration on the Federal Executive Council and in a five-member medical panel appointed by the Senate President. However, in sub-section (1a) of that very section, the expression used to describe the FEC‘s resolution concerning the President‘s inability to govern is: ”incapable of discharging the functions of his office.”

But sub-section (2) stipulates that the medical panel has to report that he is ”permanently incapable of discharging the functions of his office.” Clearly, there is some ambiguity here. Anytime the President travels overseas for medical treatment and his condition is serious, one can reasonably assume that the intent of sub-section (1a) has been met.

Yet, that does not imply that the provision of sub-section (2), which stipulates permanent incapacity, has been fulfilled. Section 145 compounds the ambiguity by stating that: ‘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.‘

The implication of this, with regard to the current situation, is that since Yar‘Adua did not act as stipulated by section 145, Goodluck Jonathan, the Vice-President, cannot assume the role of Acting President. Again, the constitution did not indicate that the President must write to the leaders of the National Assembly anytime he wants to go on vacation or decides that he ‘is incapable of discharging the functions of his office.‘

Therefore, there is nothing in the relevant sections of the constitution, which can be used to oppose President Yar‘Adua‘s penchant for not formally handing over to the Vice-President whenever he travels overseas for medical treatment. However, the President‘s attitude is an act of bad faith, because it suggests lack of trust in his second-in-command.

Apart from the pernicious ethnicity of political power and crippling egoism of the ruling class in Nigeria, there is no good reason why Yar‘Adua has consistently failed to do the right thing by formally relinquishing power to Jonathan temporarily before going to hospital.

This means that right now Nigeria is ruled by an individual, who might be in coma battling for his life or, at the minimum, seriously distracted from his duties by health concerns. If members of the National Assembly were alive to their responsibilities, they ought to have insisted that the President hand over power properly anytime he has to travel for health reasons.

David Mark, the Senate President, and most members of the FEC, in my opinion, are agbata ekee politicians more interested in the perks of office than in the welfare of Nigerians. So, I do not expect them to invoke the powers they have under Section 144 to ease the President out of office. From another perspective, the recent calls by some elements in the North that the VP should resign if Yar‘Adua resigns shows that Nigeria is far from being a united country, that the concept of constitutional democracy is yet to permeate the consciousness of the northern ruling elite.

In spite of its loopholes, the 1999 Constitution is very clear about what should happen in case the President, for whatever reason, cannot perform his duties. Section 146, sub-section(1) clearly states that the Vice-President shall hold the office of the President, in the event that the latter office becomes vacant for reasons listed in the section and in sections 143 and 144.

Thus, it is unconstitutional and irrational for anyone to suggest that Jonathan should resign if Yar‘Adua wisely resigns for health reasons. As the saying goes, those who ignore the lessons of history are condemned to repeat its mistakes. If we ignore the lessons of the Civil War, we do so at our own peril. The hypocrisy of the ruling class stands out in bold relief in the sycophantic, ”eye service,” call on Nigerians to offer prayers on behalf of President Yar‘Adua.

Knowing the deceitful nature of these people, including members of the opposition parties, who have joined the prayer bandwagon, thereby becoming more Catholic than the Pope, I am willing to bet with my meagre salary that in their hearts they really do not care about the President‘s well-being. In fact, a few of them would be happy if Yar‘Adua does not return to office again, so long as his exit ministers to their insatiable greed for money and power.

Consequently, no one should be surprised if some of the big men and thick madams asking us to pray for the President‘s recovery are hoping that the exact opposite would happen instead.

http://www.punchng.com/Articl.aspx?theartic=Art2009122019194890

i didnt think the sick country and its sick president was gonna have part 2. . . .
Impressive

So 150million people are been held cause of 1 man.tis is simple stupidity so if an average Nigerian had the diseases he(Yardunne) has how will he afford tis trip.even wit healthy leaders we still live like lesser humans talk less of a dying one.
Nigeria Jagajaga (Idris 2007)

Divi_hack:

So 150million people are been held cause of 1 man.tis is simple stupidity so if an average Nigerian had the diseases he(Yardunne) has how will he afford tis trip.even wit healthy leaders we still live like lesser humans talk less of a dying one.
Nigeria Jagajaga (Idris 2007)

The 10th wonder of the 21st century world there!!! 150 individuals( mostly able-bodied and prideful) allowing themselves continue as hostages to a man who has a record over 10 years long showing him incomptent.

Are nigerians sick because yaradua is?

~Bluetooth:

Are nigerians sick because yaradua is?

Ofcourse not. However this man has helped reveal to the world the nation's malady. We are more a nation of cowards, unwilling to step out of our box of self to fight for what our collective rights as human beings. It reveals to the world that the problem before now was likely not the dictators like Abacha or Babangida but that the people never really had the guts to fight in the first place.

A sick president is nothing to laugh at.