Nigerian Vice -President Goodluck Jonathan was made the acting head-of-state by the Senate amid the continuing absence of President Umaru Yar'Adua, who is in Saudi Arabia receiving medical attention.
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Written by AbdulFattah Olajide
Nigerian Trust
Tuesday, 09 February 2010 23:24
Vice President Goodluck Jonathan assumed office as acting president yesterday, following a National Assembly resolution asking him to take charge pending the return of President Umaru Yar’adua from medical trip to Saudi Arabia.
“The circumstances in which I find myself assuming office today as Acting President of our country are uncommon, sober and reflective,” Jonathan said in an address on national television, urging Nigerians to pray for Yar’adua’s recovery and return.
He said the leadership and members of the National Assembly have shown “great courage, statesmanship and patriotism” by empowering him through their resolutions.
While acknowledging that the absence of Yar’adua, who left for Saudi Arabia on medical trip 79 days ago, has heated up the polity, Jonathan said “the events of the recent past have put to the test our collective resolve as a democratic nation.”
According to him, “today affords us time to reconnect with ourselves and overcome any suspicions, hurts and doubts, which had occurred. In all these, there are no winners and no losers, because by the grace of God we have once again succeeded in moving our country forward. We have all shown that our unity as a people, our love for this country, and our hope for its great future cannot be shaken.”
He commended the nation’s military for not disrupting the current democratic dispensation “during this trying period.”
“Our security services also deserve our special commendation for their loyalty and devotion to duty during this trying period,” he said.
The Acting President said the Federal Government would take necessary steps to consolidate the gains of amnesty in the Niger Delta region and execute the promised post-amnesty programmes.
He therefore appealed to all stakeholders in the region to be patient, saying “there can be no meaningful development without peace and security.”
He said government would find a lasting solution to the recurring crisis in Plateau State, saying culprits in the recent killings would face the full weight of the law.
Lack of formal transfer of power had led to doubts over who was ruling the country, and prompted arguments about whether there was need to made Jonathan acting president.
Although the Federal Executive Council has previously opposed any formal transfer of powers, Minister of Justice Michael Aondoakaa yesterday said Jonathan had the government’s full support—suggesting that the council would not obstruct him from acting as president, Reuters news agency reported.
“The cabinet has already, since the president left, recognised the vice president as the leader of the country pending when Mr. President returns,” Reuters quoted Aondoakaa as saying, in reacting to the vice president’s declaration.
Yar’adua, 58, has been receiving treatment for a heart ailment in a Saudi hospital. His aides had at different times said he was recovering and would soon return to Nigeria.
Earlier on there were rumours that his health had deteriorated. On January 12, he spoke to the BBC radio, saying he was getting better but did not give a specific return date.
How National Assembly made him Acting President
Written by Abdul-Rahman Abubakar, Nasidi A. Yahaya & Turaki A. Hassan
Tuesday, 09 February 2010 23:22
A unanimous resolution by the National Assembly set the stage yesterday for Vice President Goodluck Jonathan to take charge as Acting President. The two chambers, apparently trying to break the political stalemate over President Umaru Yar’adua’s ill health, asked Jonathan to assume full presidential powers pending the president’s return.
Hours before Jonathan’s nationwide broadcast, in which he announced taking over powers as acting president, the Senate and the House of Representatives in separate unanimous resolutions asked him to assume office because the president is on medical leave.
The Senate resolution came after a motion on the state of the nation was moved by the Senate leader Teslim Folarin (PDP, Oyo Central), who argued that section 145 of the 1999 constitution which requires the president to transmit a letter to the National Assembly notifying it of his medical leave has been complied with since the president had on January 12 confirmed on the radio that he was ill and receiving medical attention in Saudi Arabia.
“On the 12th of January, 2010, His Excellency President Umaru Musa Yar’adua transmitted to the whole world through the British Broadcasting Corporation (BBC), a declaration that he is receiving medical treatment in Saudi Arabia and consequently will be unable to discharge the functions of his office until his doctors certify him fit to return to Nigeria to assume duties. The president of the Senate and the Speaker of the House of Representatives read the president’s declaration transmitted through the BBC and further published in several print media,” he said.
However, Senator Garba Yakubu Lado (PDP, Katsina South) raised a constitutional point of order, reminding his colleges that the president’s BBC interview was not independently authenticated and that some senators had earlier questioned authenticity of the voice in the interview. He said the interview should not be relied upon as a basis for the resolution.
Seconding the motion Deputy Senate President Ike Ekweremadu said section 145 of the 1999 constitution did not in any way prescribe the manner and form in which the president is to transmit the letter of medical vacation to the National Assembly especially with the advancement in information technology.
Senate resolved thus: “The vice president Goodluck Jonathan shall henceforth discharge the functions of the office of the president, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria.
“That, the Vice President shall cease to discharge the functions of the office of the president when the president pursuant to section 145 of the 1999 constitution transmits to the president of the Senate and Speaker of the House of Representatives in writing that he has returned from his medical vacation.”
Briefing newsmen shortly after the yesterday’s session, vice chairman of the Senate Committee on Information and Media Senator Anthony Manzo (PDP, Taraba) said the vice president does not need to take an oath of office as acting president.
The House, after two consecutive closed door sessions, characterized by hot political debate and near-fisticuffs, also resolved that Jonathan should act as president pending Yar’adua’s return.
Lawmakers, who were to consider a motion on the matter, failed to do so and instead went into a closed door session at 12:16pm. They emerged after about 30 minutes without a unanimous decision, prompting Speaker Dimeji Bankole to order for another session.
When the House resumed plenary at 1:04pm, House Leader Tunde Akogun (PDP, Edo State) read the resolution: “For peace, order and good governance of the federation, and consistent with the judgments of the courts, the vice president, Goodluck Ebele Jonathan, GCON shall assume full presidential powers, pending the return of the president, Alhaji Umaru Musa Yar’adua, GCFR.”
After this, Bankole put the question and members unanimously replied “aye!”
Also yesterday, state governors under the auspices of the Governors’ Forum, led by Kwara State Governor Bukola Saraki, visited the House of Representatives to express their resolution to back Vice President Goodluck Jonathan.
In his response, Bankole said the House made its decision in the interest of the country.
He said: “Today, is another day where this House recorded democratic structure whereby the all country has come together: civil societies, elected officials and non elected officials to come to the sole agreement to rescue our nation problem.”
But the decision of the National Assembly is not contemplated in the constitution, lawyers said yesterday.
Yar’adua, who long has suffered from kidney ailments, left for Saudi Arabia on November 23 and was admitted to a hospital there for what his physician says is acute pericarditis, an inflammation of the sac surrounding the heart.
Why I was removed - Aondoakaa
Written by AbdulFattah Olajide
Nigerian Daily Trust
Thursday, 11 February 2010 05:17
Acting President Goodluck Jonathan flexed his political muscles yesterday by effecting a minor cabinet reshuffle which saw the redeployment of powerful Minister of Justice Michael Aondoakaa to the obscure Special Duties portfolio.
The controversial attorney-general of the federation, who rebuffed calls for ailing President Umaru Yar’adua to transfer full powers to Jonathan, lost his post to former Labour Minister Adetokunbo Kayode. The former Special Duties minister Ibrahim Kazaure moves to the Labour Ministry.
Fielding questions from newsmen after his removal, Aondoakaa said he was redeployed because of his earlier insistence that Yar’adua, who has been receiving medical treatment in Saudi Arabia since November, needed not transmit a vacation letter to the Senate before Jonathan could perform presidential duties.
The cabinet reshuffle was effected shortly before the commencement of yesterday’s Federal Executive Council meeting, presided over by Jonathan.
Aondoakaa said it would have been inappropriate for him to start defending Tuesday’s resolutions of the House of Representatives and the Senate, which mandated Jonathan to act as president, in view of his earlier stand.
“I have taken a position and in this life when you take a position and there is a change in the position you allow another person who will have a free atmosphere to defend the new position,” he said.
On why he insisted earlier that Jonathan must not be made acting president, he said, “No attorney- general worth his salt will go to the pages of papers and say there is a vacuum. We have to preserve executive powers until a leader is selected. A leader has been given by the National Assembly, we have recognised him.”
Aondoakaa, who wore a sombre look throughout his stay at the State House yesterday, said the acting president had earlier discussed his removal with him before it was made.
“First I had a discussion with the vice president. I think what we did was a collective decision. I and the vice president had a discussion in the morning, it’s a cordial arrangement.
“He had a discussion with me in the morning, how do I look at it? Well I am in the government, in the cabinet and I pledge my loyalty to the vice president, I’m the minister of special duties,” he added.
Asked how he took his new posting, Aondoakaa said, “When I go there the permanent secretary will brief me on what the special duties are and I will do the job.”
A mild drama had ensued shortly before the FEC meeting started. When Jonathan entered the Council Chambers where ministers were already waiting for the meeting, a protocol official promptly drew out his usual seat, but Jonathan ignored him and sat on President Yar’adua’s seat which was drawn out almost simultaneously by his ADC.
Some members of Yar’adua’s kitchen cabinet were apparently shocked by the incident.
Briefing newsmen after the FEC meeting, an apparently elated Minister of Information and Communications, Professor Dora Akunyili, said the council accepted “the resolution of the National Assembly that the Vice President, Dr. Goodluck Ebele Jonathan, becomes the Acting President and Commander-in-Chief. Council commends the National Assembly for their action and pledges to support the acting president in his onerous responsibility of steering the ship of the nation.”
Beaming with smile throughout her presentation, Akunyili said her earlier memo in which she had demanded that Yar’adua must transmit a vacation letter to the Senate to enable Jonathan be acting president was not discussed at the meeting because it had been overtaken by events.
On the cabinet reshuffle, she said, “It is a presidential decision and he (Jonathan) has the power to move any of us.”
Jonathan: Lawyers Divided Over Senate Resolution
The Senate on Tuesday voted overwhelmingly on a motion that empowered Vice President Goodluck Jonathan to act as the President nearly three months after President Umaru Yar’Adua left the country for medical treatment in Saudi Arabian hospital. It was the height of a process of transferring executive powers to the Vice President after almost three months of political debacle that President Yar’Adua’s absence had thrown the country into. Many lawyers are, however, of the opinion that having Mr. Vice President become acting president through such a process, may bring him and the decision under intense legal scrutiny. According to them, such a motion by lawmakers is usually no more than a piece of advice and bears no compulsion of compliance. LAW EDITOR, Adam Adedimeji spoke to them.
Oluwarotimi Akeredolu (SAN), President, Nigerian Bar Association:
The Vice President does not need a resolution to act as President. All that is needed was a declaration from the President to the Senate to say that he would not be able to perform his duties and that his vice should act. But since the President has not done that, the Vice President does not need a resolution to act as President.
Is the BBC interview a declaration to them; that is not a declaration to them in law. To me, the premise on which they based their argument is very wrong; it’s not within the law.
The Senate should have passed a resolution that “we are now confirming that we have received a declaration from the President, then Jonathan can then act as President but he does not need their resolution to act. I do not think what they have done is in compliance with the constitution; they are not on a strong leg legally speaking”.
Fred Agbaje, Constitutional Lawyer:
The only constitutional means opened to the National Assembly in respect of the President’s abandonment of his office is premised on Section 145 of the Constitution. Section 145 says 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.” It is only when the President complied with this Section of the Constitution before the Senate can invoke its power under that Section.
What the Senate has done by their so-called resolution amounted to Constitutional heresy and a clear usurpation of Presidential power under Section 145 of the Constitution. It is only when the President transmits a letter to them but in the absence of transmission of such letter, both the Senate President and the Speaker of the House of Representatives are constitutionally impotent to pass any resolution asking Vice President Goodluck Jonathan to act as President.
The only thing the Senate can do now constitutionally is to impeach the President. They can pass a resolution to impeach the President because he has abandoned the country for more that the required period without complying with the Constitution. Even under the Federal Civil Service Rule, it is clear that the President has abandoned his duty even if its on health ground.
Absence from duty on health ground must not go beyond certain limitations, or they ask such civil servant to resign and if he refused to resign and stayed long like that of the President he can be dismissed. The President is guilty of gross misconduct.
They are not to pass resolution for the Vice President to act as President, that resolution lacked constitutional backing, it is an affront to the Constitution.
Niyi Akintola (SAN)
I think what the Senate did on resolution was a form of endorsement of doctrine of necessity in order to get out of political quagmire in which they found themselves. Initially, and abinitio, the Senate know that they have abdicated their responsibility in the sense that Section 143 gave them the leeway of what to do and they have all the time of this world to commence impeachment proceedings against the President. But they did not do it. Today, they acted on the BBC interview as tantamount to transmitting a letter. The question is when does it occur to them that the BBC interview amounted to notice?
The constitution says the VP can only assume the seat of the President trough : 1. transmission of a letter from the President to both houses informing them of absence or incapacity; 2. Declaration of the President as incapable of discharging his duties by reason of incapacity by the ECF and 3. impeachment by the both houses. So where is the place of a resolution by a senate?
Our legislative houses should credit Nigerians some intelligence and they should not play with our intelligence. By this resolution, they just found themselves an escape root out of the box which they had earlier boxed themselves into. On the legal implication of their resolution, like I said before, it is just a political solution, they can only give it a legal teeth by asking the Chief Justice of Nigeria to swear in the Vice President as Acting President. After all, he himself is a child of necessity.
Olisa Agbakoba (SAN)
Senior Advocate of Nigeria (SAN), Olisa Agbakoba, has said that the resolution of the senate mandating Vice-President Goodluck Jonathan to take over in acting capacity, is nothing but an opportunity for the country to move forward.
Speaking with the Daily Independent on Tuesday on the senate resolution, the senior lawyer argued that, “It is a clumsy way of resolving the issue, it is the most untidy, and I hope it would not be challenged in a court of competent jurisdiction.”
Mike Ozekhome (SAN)
Now, Section 145 of the Constitution says a written declaration should be transmitted by the President to the National Assembly so as to pave way for his vice to formally take over. President Umaru Yar’Adua has not been able to transmit the letter to the National Assembly because he is sick. I think members of the National Assembly are right to premise their resolution declaring Jonathan as acting President on the interview granted by Yar’Adua to the British Broadcasting Corporation (BBC) because members of the National Assembly are part of the global community and they heard the interview Yar’Adua granted to the BBC.
The question is can it be rightly said that only the letter of the Constitution should be looked at? And I say no, the spirit of the Constitution should also be looked at. You see, under the doctrine of necessity, certain things can be done to save a country from collapse and this is one of such situation. Nigeria has been on a dangerous terrain.
It was Hippocrates, the father of medicine who once told us that desperate diseases require desperate remedy. This has been a desperate disease, which require desperate remedy and so, the Senate is right to make Jonathan the acting President so as to save Nigeria from perdition. As a matter of fact, Nigeria is greater than any individual.
Emeka Ofomata, Abuja-based lawyer
What are the statutory and constitutional requirements? Can they arrogate the power to authorise the VP to act to themselves? It simply has no precedent or constitutional support. I simply think that they are acting in a gutless manner. The right course of action provided in the constitution is for them to either initiate an impeachment proceeding against the embattled president or urge the FEC to act decisively as empowered in the constitution. This action would simply entrap the VP and my personal advice is for him to seek the advice of a constitutional lawyer. If he decides to upgrade his status to that of an acting President, then his actions would be contestable in the courts. The VP should toe the line of honour and not allow himself to be hoodwinked. This whole course would compound the situation and create an illegality. The constitution is clear on how to proceed and we should please prevail on our political class to rise to the call of duty. The whole charade continues. This does not augur well for our nascent democracy!!
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