Attorney-General of the Federation, Chief Michael Kaase Aondoakaa, SAN, yesterday, said that the over 150 million Nigerians who voted President Umaru Yar’Adua into office are not entitled to know his health status notwithstanding his abandonment of his duty post in the last 50 days over ill-health.
Aondoakaa, who was reacting to the interrogatories served on him by Lagos lawyer, Mr Femi Falana, also added, yesterday, that no law court could compel him to produce the medical report of President Yar’Adua contrary to the request by Falana.
He explained that the health status or medical report of all Nigerians including President Umaru Yar’Adua is privileged and could only be published in the official gazette of the Federal Government.
He said should there be need to produce such document for the purposes of determining whether or not the President is still capable of discharging the duties and functions of his office, he said the 1999 constitution of the Federal Republic of Nigeria stated the procedure in simple English.
His words: “The only condition upon which the medical report of the President can be officially published is where the medical panel set up in accordance with the provision of the constitution to verify the declaration of the Federal Executive Council as to the health status of the President, is of the opinion that the President is permanently incapable of discharging the duties of his office by reasons of infirmity of body or mind.
That is where the panel so set up in line with provisions of the constitution finds that the President is permanently incapable of performing the functions of his office, a notice to that effect signed by the relevant authorities shall be published in the official gazette.
“That there is no constitutional or statutory requirement for the publication of the President’s medical report/health status where the Federal Executive Council has declared him capable of discharging the functions of his office.
That the health status or medical report of all Nigerians including the President is privileged.”
Vanguard recalls that Femi Falana, had, last week, in his quest, to compel President Yar’Adua to hand over powers to Vice President Jonathan Goodluck, in accordance with constitutional provisions on account of his ill-health, served a set of seven questions on Aondoakaa over the health status of the president.
He specifically demanded a copy of the medical report relied upon by the Executive Council of the Federation (FEC) on December 2, 2009 to endorse a resolution to the effect that President Yar’Adua was fit, in body and in mind, to continue governance.
He also demanded, for production, in court, another medical report of President Yar’Adua giving a comprehensive account of his present health status. Besides, Aondoakaa, SAN, was asked to tell the court when his boss, President Yar’Adua, would resume office.
The justice minister who flared up in court intermittently on the day the issue of interrogatory was discussed in court had whispered to his colleague and president of the Nigerian Bar Association, NBA, Chief Rotimi Akeredolu, SAN, that he would never produce such document in court. He had posited that Yar’Adua, like any other Nigerian was entitled to his privacy, adding that he would bring an objection to collapse all the interrogatories, a position the NBA President differed from.
Recall that Vanguard, had, last week, said that it was legally available to Andoakaa (SAN) to object to the administration of the interrogatories on him if the questions posed were oppressive and scandalous; irrelevant and not sufficiently related to the subject_matter of the case, objectionable or and if the interrogatories were not administered bonafide.
But the Chief Law Officer of the Federation, Chief Andoakaa (SAN) yesterday veered off from the norm and hid under the provisions of section 144 (1) (a) and (b) of the 1999 constitution to dodge majority of the seven questions while he argued that question seven was irrelevant.
He specifically said that he would not answer questions 1 to 4 on the grounds that the procedure for the determination of whether the President is capable of discharging the duties and functions of his office is expressly provided for in the Constitution.
The questions one to four reads:
[1] Was the resolution of the Executive Council of the Federation adopted at its meeting of December 2, 2009 to the effect that Yar’ Adua is capable of discharging the functions of his office based on any medical report?
[2] If you answer yes to question 1, have you annexed the medical report to your answer?
[3] Since you insist that the President is not incapacitated as to be unable to discharge the functions of his office, do you have a medical report in the current health condition of the President?
[4] If you answer yes to question 3, have you annexed the medical report issued by his doctors to your answer?
He submitted that section 144 of the 1999 constitution provided for the establishment of a medical panel for the purpose of verifying and declaration by the Federal Executive Council that the President or Vice President is incapable of discharging the functions of his office.
He said except and until such a panel comes up with a concurrent finding or certifies that in its opinion, the President is suffering from infirmity of body or mind as to render him permanently incapable of discharging the functions of his office and a notice to that effect subsequently signed and published in the Federal Government Official Gazette, he said the medical report or health status of the president cannot otherwise be published officially.
He said question 7 of the interrogatories is irrelevant and should be set aside.