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Acting President During Absence Of President - The Constitution Is Clear - Politics - Nairaland

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Acting President During Absence Of President - The Constitution Is Clear by SillyMods: 9:40am On May 10, 2017
Politics of bitterness and hatred borne out of religion, ethnicity and political inclination has reduced even the most educated and enlightened among us to pettiness!

Let us examine what the constitution says about acting president in the absence of the president.

Section 145 of Nigerian Constitution states:
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 the Acting President.

From the stated portion of the 1999 Constitution, the following clear facts can be obtained:

1. There can't be any Acting President without the president transmitting a letter to the Senate and HOR even if the president is on vacation or unavailable to discharge his functions. This was experienced when Yar'Adua refused to transmit such letter and only the Doctrine of Necessity was used to resolve the constitutional hangover;

2. The president is only required to send a letter to the two Houses about his unavailability or absence;

3. The president is not even required to name a name as Acting President or saying his/her VP will act or coordinate. It will be enough if he says "I am going to be away on vacation for two month"; and the VP automatically steps in.

4. Upon his return, the president cannot assume his position without transmitting a similar letter to the two Houses stating that he's now back to resume his duties.

In the letter PMB sent to the NASS, he clearly referred to the above stated section 145 of the Constitution.

So, what would the FFKs and his fellow wailing soldiers have said if PMB had not mentioned VP in his letter to the Senate and HOR even when absence of such reference would have still duly made the VP the Acting President?

PMB remains the only president in the history of Nigeria who has consistently fulfilled the constitutional requirement to transmit letter to the NASS each time he was absent from his position.

OBJ went on numerous vacations but he never sent a single letter to the NASS so that Atiku could be Acting President

Yar'Adua went on numerous medical vacations including the last one when he was smuggled out of the country, yet not once he transmitted such letter.

GEJ never sent a such letter to the NASS so that Samboboribodo could act as the president once. Or he didn't take any vacation during his five years in office?


Partisan politics shouldn't make us unreasonable just because PMB is fighting the established looters of which FFK who is a big victim is ready to commit suicide to derail the government.

Youths of Nigeria, think.

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Re: Acting President During Absence Of President - The Constitution Is Clear by SillyMods: 9:42am On May 10, 2017
dragonking2:
If there was no difference why did buhari change it to coordinate? Why didn't he continue with the word "act on my behalf "?
Here is the answer to your question.
Re: Acting President During Absence Of President - The Constitution Is Clear by sarrki(m): 9:43am On May 10, 2017
We all know

Section 145 is so clear

Enemies of state are just set of frustrate being

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Re: Acting President During Absence Of President - The Constitution Is Clear by Nobody: 9:45am On May 10, 2017
sarrki:
We all know

Section 145 is so clear

Enemies of state are just set of frustrate being
Re: Acting President During Absence Of President - The Constitution Is Clear by bedspread: 10:55am On May 10, 2017
He doesn't need to name somebody neither does he need to name a Coordinator
Re: Acting President During Absence Of President - The Constitution Is Clear by vedaxcool(m): 11:11am On May 10, 2017
Unfortunately nairaland has low editorial standards that it easily spreads misinformation. ... the President at no time reffered to Osinbanjo as coordinating president or VP but still nairaland has continued to push this lies and promote the words of a known thief and useless individuals with passion for cocaine. The VP was not called coordinator.

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