Yar’Adua: No room for offshore president –Court Saturday, January 30, 2010

•Says constitution did not compel Yar’Adua to hand over to Jonathan


The Chief Judge of the Federal High Court, Justice Dan Abutu, has declared it was against the spirit of the Constitution for President Umar Musa Yar’Adua to perform his presidential functions outside the shores of the country.

Besides, the court went further to hold that it was unconstitutional for the office of the President to be held in abeyance.
Justice Abutu gave this verdict in his judgment in the suit filed by the Incorporated Trustees of Nigerian Bar Association (NBA), its President, Oluwarotimi Akeredolu (SAN) and Ibrahim Eddy Mark (General Secretary).

The court, however, held that Section145 of the 1999 Constitution did not impose a duty on the President to transmit a written declaration to National Assembly whenever he is proceeding on vacation or is otherwise unable to discharge the functions of his office.
In the suit, the plaintiffs are challenging the refusal of President Umar Yar’Adua to write the National Assembly before embarking on a medical vacation in Saudi Arabia in line with Section 145. He is yet to return since November 23.

Justice Abutu dismissed the argument of the Attorney General of the Federation and Justice Minister, Mr. Michael Aondoakaa (SAN) that the plaintiffs lacked the locus standi to initiate the action.
He, however, held that Section145 of the 1999 Constitution did not impose a duty on the President to transmit a written declaration to National Assembly whenever he is proceeding on vacation or is otherwise unable to discharge the functions of his office.

According to him, no word or parenthesis imposing an obligation is used in the section.
“In the instance case, neither the word may or shall have been used. No word shows that that the president has a duty to transmit a written declaration,” the judge said, adding: “The duty of a court is limited to the interpretation of a status. Justice must be dispensed in accordance with law. I’m unable to come to conclusion based on the word used in the constitution that the president has a duty to transmit a written declaration to the National Assembly before proceeding on a vacation.

“That the president omitted to transmit a written declaration to the leadership of National Assembly is not a violation of the Constitution. There is no mandatory requirement to transmit a declaration to the National Assembly”. He held that Vice President Goodluck Jonathan could discharge the functions of the president as because the condition precedent has not been met.

He held that the doctrine of necessity cannot be invoked in the absence of the condition precedent. There is no basis for the court. While responding to the judgment, Aondoakaa said: “Every organ of government must recognize the Vice President as performing both the executive powers of the president delegated to the vice president on Mr. President’s behalf.”

No sign of President’s imminent return in Villa From Punch NP 30th Jan 2010

Although there were unconfirmed reports that ailing President Umaru Yar’Adua might return to the country this week, there were no indications of preparations for his arrival in the Presidential Villa as at Friday.

All through the week, activities continued at the normal pace in Aso Rock, and government officials and presidential aides did not give any hint that their principal was being expected soon.

No extra security measures around the complex were observed by our correspondent and presidential guards were not seen readying the convoy that normally welcomes, and escorts the President from the airport.

Although security within the Presidential Villa was not slack, it remained at the usual level all through the week, just like in the past days since Yar‘Adua travelled to Saudi Arabia for medical attention.

Our correspondent observed that the situation in the Presidential Villa was normal, with no noticeable increase in the pace of activities or visitors in the complex. Presidential aides were reporting to their offices as usual, but their conduct and activities did not offer any suggestion that they were expecting their boss anytime soon.

There were also no signs of preparations around the First Lady‘s office.

Staff of German company, Julius Berger Nigeria Plc, which handles a long-standing maintenance contract in the Presidential Villa, have also been going about their normal duties in the complex.

Expectations of Yar‘Adua‘s imminent return were heightened on Tuesday as rumours of his arrival spread in Abuja. The expectation was so strong that there were feelers from the House of Representatives that some lawmakers nominated to go and visit the President in Saudi Arabia might not be going after all.

The six-member team was allegedly told that the trip was no longer necessary as Yar‘Adua was on his way back.

However, on that Tuesday, our correspondent could not observe any sign of preparations for Yar‘Adua‘s return in the Presidential Villa.

But the most telling indication that Yar‘Adua was not being expected back in the country was Vice-President Dr. Goodluck Jonathan‘s trip to Jos, Plateau State, where he inspected areas affected by the recent sectarian crisis.

”I am really not aware that the President is coming back now; I can‘t confirm that,” a source in the Presidency said in response to our correspondent‘s enquiries concerning the matter. Also, the Federal Executive Council rose from its meeting on Wednesday without giving any indications that the President was on his way back.

Although the Council passed a resolution that Yar‘Adua was not incapable of discharging the functions of his office, it was silent on his return date.

The Special Adviser to the President on Media and Publicity, Mr. Olusegun Adeniyi, and the Senior Special Assistant to the Vice-President on Media and Publicity, Mr. Ima Niboro, could not be reached for their comments as calls made to their telephones were not picked.

Opposition demands proof that sick leader is improving

Nigeria's most vocal opposition party, the Action Congress, wants proof of government claims that President Umaru Yar'Adua's health is improving. Its spokesperson told RFI that the ruling party is behaving as if it does not have to account to the Nigerian population.

Garba Shehu, who speaks on behalf of Action Party leader and former Nigerian Vice-President Atiku Abubakar, says the President’s refusal to appear before the people of Nigeria, is detrimental to national well-being.

“The story is that he is getting better. So why can’t he present himself before the television, or record a message?" he asks. "We have just come through the New Year and traditionally the head of state would do a national radio address to the citizens."



Yar'Adua has not been seen nor heard from him since he left the country for medical treatment in Saudi Arabia on 23 November.

The Action Congress is calling for a dated video recording of the President, sitting or standing, from his hospital room.

The move was also prompted by last week’s 2009 Supplementary Budget, which the President reportedly approved and signed. But the Action Congress says it is concerned that there is no proof it was actually Yar'Adua who signed.

The party is urging the President to legally transfer his powers to Vice-President Goodluck Jonathan, in line with the Nigerian constitution.

In one of the three lawsuits challenging the government's position on the issue, the Nigerian Bar Association is asking the Federal High Court to compel the Attorney-General to answer questions relating to Yar’Adua's health.

On Tuesday the court, in Abuja, directed the three plaintiffs to consolidate their cases to force Yar’Adua to hand over power to Jonathan while he remains in Saudi Arabia.

Shehu says that Nigeria is fortunate to have a judicial system that can often be very “activist”.

“The courts in the land have the capacity to force an unwilling President to do the right thing by handing over to a deputy,” he says. "As it is now, we are just in a limbo."

Yar'Adua's Presidency Over; President Is Brain Dead

San Francisco, Jan 9, (THEWILL) - As earlier reported by THEWILL two weeks ago, Nigeria's President Umaru Musa Yar'Adua who had suffered a stroke at the King Faisal hospital is reportedly brain dead but the President's kitchen cabinet continues its aggressive ploy aimed at keeping the ailing Umaru Musa Yar'Adua in power at all cost. The president continues to lay helpless on a hospital bed in a VIP suite at the King Faisal hospital in Jeddah.

Last week the group floated a lie that the ailing President called three top government leaders including the Vice President. Inside sources say the President has not made any phone calls since his evacuation from Abuja. What happened was that someone placed a call from the President's phone to the three leaders but the caller did not have any conversations with the listeners.

A reliable source confided in THEWILL that the Vice President accepted that he got a call from the President just to protect the Presidency. Recall that Prof. Dora Akunyili, Nigeria's information Minister announced that the Vice President informed ministers at the Federal Executive Council meeting that the President called but said the VP did not give the details of their conversation. The fact is that there was no conversation in the first place hence he could not give them details.

The group has been putting pressure on some governors especially Kwara State governor and chairman of the Governor's Forum, Bukola Saraki, who is also nursing a presidential ambition to sell the dummy to his colleague that he had a word too with the President. Also recall it was Bukola who lied to Nigerians at the wake of the President's hospitalization in Jeddah that they met with him at the hospital, a tale which we have confirmed to be false.

The talk that the president is also recovering is another lie that the group has been feeding Nigerians through politicians especially the Nigerian ambassador to Saudi Arabia, Alhaji Abdullah Aminchi. The ambassador has been singing the President's recovery like a broken record even before he was admitted at the hospital.

48 DAYS AND COUNTING, STILL NO PROOF OF LIFE
The kitchen cabinet continues to play its hide and seek with Nigerians over the President's health. On Wednesday an official of the King Faisal hospital told the BBC last that the President was no longer at the facility but ambassador Aminchi countered saying the President was at the VIP section of the hospital. The alleged signing of the 2009 Supplementary Budget is another scam that the group has been trying to sell to Nigerians without any success. THEWILL and a cross section of Nigerians have repeatedly called on the Presidency to show us proof to no avail.

Recall that in 2007 during his presidential campaign when the President collapsed and was speculated to have died, president Olusegun Obasanjo called him and put him on speakerphone to debunk the reports of his death, but the Presidency has refused to do the same because like we earlier reported the President is still in intensive care at the hospital.