Constitutional Implications of Yaradua's BBC Interview & Subsequent publication by Nigeria Registered Newspapers

The frenzy of the whereabouts and constitutional crisis generated by the absence of President Yar’Adua made it imperative to many to be oblivious of the fact that the President has wittingly or unwittingly activated sec. 145 by his interview with the BBC and subsequent publication by widely read newspapers in Nigeria wherein the President gave indication of his whereabouts his state of health and his resumption of his presidential duties upon his discharge by his doctors.

The declaration of the President was circulated via broadcast and publication in several electronics and prints media that include; British Broadcasting Corporation, Thisday Newspaper, Punch Newspaper, Guardian Newspaper, Nation Newspaper, Sun Newspaper, Vanguard Newspapers, 234 Next etc thus;

“At the moment I am undergoing treatment, and I’m getting better from the treatment. I hope that very soon there will be tremendous progress, which will allow me to get back home, As soon as my doctors discharge me, I will return to Nigeria to resume my duties, I wish, at this stage, to thank all Nigerians for their prayers for my good health, and for their prayers for the nation."

The President’s aforementioned declaration as broadcast and published has been presented and debated with a copy of the written publication by the distinguished and honourable members of both Chambers of the National Assembly on the 13th and 14th of January 2010 in which the President of the Senate and the Speaker of the House of Representatives are in attendant and presided both Chambers respectively.

As a lawyer, I understood the combined effect of the pronouncement of the President, the subsequent publication of same in the local and foreign media and the consequential debate of the declaration by the Leadership of the Distinguished and Honourable members of both chambers of the National Assembly as compliance with the provisions of Section 145 of the 1999 Constitution.

I know as a fact that several authorised and far reaching decisions, directives, statements, declarations, approvals, appointments, invitations, statements as well as pronouncements of the President and/or the presidency have been made via broadcasts/publications in the electronics and prints media in Nigeria.

It is necessary to declare the above broadcast and published declaration of the President as proper activation of Section 145 of the 1999 Constitution as failure of which will negatively impact on the Plaintiff’s requests in his letter to the President as well as on the good governance, welfare of all persons in Nigeria.

I have invoke the jurisdiction of the Federal High Court via a suit between the Senate President, The Speaker and the Attorney General of Federation as Defendants and my good self as Plaintiff, presented the following questions and reliefs to a Federal High Court, Abuja to be presided over by Hon. Justice Kolawole of Court 4, , Abuja:

http://www.elombah.com/index.php?option=com_content&view=article&id=2749:constitutional-implications-of-yaraduas-bbc-interview-and-its-further-publication-by-nigeria-registered-newspapers&catid=64:kayode-ajulo&Itemid=86

It is amazing that you are a lawyer and you interpret section 145 which reads as thus;

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-Presidents as Acting President.

to mean a BBC radio interview which reads thus;

“At the moment I am undergoing treatment, and I’m getting better from the treatment. I hope that very soon there will be tremendous progress, which will allow me to get back home, As soon as my doctors discharge me, I will return to Nigeria to resume my duties, I wish, at this stage, to thank all Nigerians for their prayers for my good health, and for their prayers for the nation."

maybe he should have also assented to the supplementary by a radio interview with VOA , and the budget would become law.

The constitution states that it must be a 'written letter' not a verbal interview with the press, transcribed or not.

The senate said today that those are the words of the president which could be verified, printed and so is as good as the letter itself. I guess the main thing here is intent.

Law being an *ss?

The constitution is mostly useless anyway. That is the most important thing to take away from all of this, it is in Nigeria's interest to get a better and more representative constitution and not continue stumbling along on one handed down by the military.
Our soldiers (God bless them) are a fighting force who should have zero involvement in writing the countries democratic constitution.

calyx:

The senate said today that those are the words of the president which could be verified, printed and so is as good as the letter itself. I guess the main thing here is intent.

Law being an *ss?

Mr Lawyer, the Senate is still just playing politics, the president never told the senate or house that he is proceeding on a medical vacation. Please read section 145 again, and again. And he never[b] intended[/b] the interview to inform the national assembly that he is going on medical vacation. (one can be receiving treatment in a hospital without going on a medical vacation). In fact he never used the words "Medical Vacation".

Also who was it that verified that it was the words of the president itself, and was not computer generated or that the president was speaking under the influence of medications.

Beaf:

The constitution is mostly useless anyway. That is the most important thing to take away from all of this, it is in Nigeria's interest to get a better and more representative constitution and not continue stumbling along on one handed down by the military.
Our soldiers (God bless them) are a fighting force who should have zero involvement in writing the countries democratic constitution.

Accepted that the constitution had a lot of flaws, the major problem is not the constitution itself but the operators. The operators are not ready to be guided by the constitution and so manufacture crater-holes where there are only tiny potholes. A constitution cannot specify every single situation and activity a person can perform, you have to rely on the human factor of conscience and general goodness of the human heart to make a constitution work. For God sake England does not have a rigidly written constitution, and they have not fallen into a state of anarchy.

'written declaration' means a 'declaration' that has been put in 'writing'. the constitution did not say it must be signed.the bbc interview was a declaration to the whole world, the senate president and speaker inclusive.same was carried by our national dailies and documented in the national library. a copy of such newspaper publication can be tendered as a written declaration.

sammyzacks:

'written declaration' means a 'declaration' that has been put in 'writing'. the constitution did not say it must be signed.the bbc interview was a declaration to the whole world, the senate president and speaker inclusive.same was carried by our national dailies and documented in the national library. a copy of such newspaper publication can be tendered as a written declaration.

well done o. ya argument be de reason why lawyers na a breed of a kind.  go on soun!