The two top political institutions of the Federal Republic struck in different directions yesterday with respect to President Umaru Yar’adua’s continuing absence from the country, with the Senate asking him to temporarily hand over power to Vice President Goodluck Jonathan, while the Federal Executive Council [FEC] declared that Yar’adua was not medically unfit to discharge his duties.
The Senate’s landmark declaration climaxed weeks of internal debate on the issue, while FEC’s resolution was in obedience to a court order to take a stand on the issue.
The Senate’s unanimous resolution, announced after another stormy 3-hour closed-door session, asked President Umaru Musa Yar’adua to formally notify the National Assembly of his medical vacation which has kept him from his duty post for over two months.
The Senate urged the President to comply with Section 145 of the 1999 Constitution, a move that will give Vice President Goodluck Jonathan the mandate to officially assume the role of acting President pending the return of the president to the country.
Senate President David Mark, who announced the resolution, said, “We have resolved to urge the President and Commander-In-Chief of the armed forces of the Federal Republic of Nigeria, Alhaji Umaru Musa Yar’adua to formally notify the National Assembly of his medical vacation pursuance to Section 145 of the 1999 Constitution.”
Section 145 of the Constitution provides 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.”
The Senate refrained from giving Yar’adua a time line to comply with its resolution or the action to be taken against him if he fails to do so, saying “It is hoped that the president will comply.”
Mark also said the Senate resolved to move for amendment of Section 145 of the Constitution to make its provision specific, adding that “We have resolved to direct the Senate Committee on the Review of the 1999 Constitution (SCRC) to propose an amendment to Section 145 of the constitution to resolve the apparent flaws revealed by the present circumstance.”
Daily Trust however gathered that the Senate cut down its resolutions to three as senators failed to agree on other prayers contained in the motion that was debated. Senators were unanimous on the three prayers carried as the final resolution.
Briefing newsmen shortly after the session, Chairman of the Senate Committee on Information and Media, Senator Ayogu Eze (PDP, Enugu North) said the outcome of the tense debate indicated that senators were never divided as widely believed.
He said, “I also need to emphasize that there was never a divide within the Senate on whatever grounds. The Senate has been united behind the Constitution and when the question was put, it was a unanimous decision. We are satisfied that what we have done is in the interest of the nation and will douse the tension. We have asked the president to honour Section 145 of the Constitution and we have asked the SCRC to take up the matter of amending Section 145 to make it specific because if it were so, this problem would have been averted.”
The Senate President also said the Senate resolved to call on all Nigerians to continue praying for the quick recovery of President Yar’adua to enable him return home and continue with his functions.
But striking in the opposite direction yesterday, the Federal Executive Council (FEC) resolved, also unanimously, that President Umaru Musa Yar’adua is healthy enough to discharge the functions of his office. The resolution was pursuant to the order handed down by Justice Dan Abutu of the Federal High Court, Abuja on January 22, who gave the council a 14-day ultimatum to pass and publicise a resolution on “whether Yar’adua is capable of discharging the functions of his office, having regard to his absence from the country since Nov. 23, 2009 on medical grounds’’.
Attorney-General of the Federation and Minister of Justice Mr. Michael Aondoakaa read out the council’s resolution soon after the FEC meeting. He said, “Council at its fourth meeting of Jan. 27, 2010 acting pursuant to the order of the court, unanimously passed a resolution and declared as follows:
“That the President is not incapable of discharging the functions of his office. The medical treatment outside the country does not constitute incapacity to warrant or commence the process of the removal of the President from office under Section 144 and 146 of the 1999 Constitution of the Federal Republic of Nigeria, having regard to the absence of Yar’adua on medical grounds.’’
Speaking on why Vice President Goodluck Jonathan “cannot become the Acting President’’, Aondoaaka said unless Yar’adua voluntarily sends a letter to the National Assembly in accordance with Section 145 of the 1999 Constitution, Jonathan cannot be acting President. He said the issue should not be politicized because “it is a pure discretionary power left to the President’’.
“The issue of acting president is a matter which comes under the purview of Section 145. The condition precedent for it is that the President must write for a voluntary transfer of power to the Vice President to act as acting President. Where the president does, the vice president automatically assumes the duty of acting president. The 1999 Constitution does not make provision for any swearing-in. It is an automatic elevation to the position of acting president, but the journey must start from the president.’’
Citing the U.S. example, Aondoaaka said in that country’s 234 years’ history, the transfer of power from the president to the vice- president took place only three times. He said on each occasion, the president declared that he was incapacitated and voluntarily wrote a letter for transfer of power to the vice president. The minister added that on each of the instances, the transfer did not last for more than two to three hours.
He said, “Nigeria practises a presidential system of government that is identical to that of the U.S. Under the provisions of the American Constitution, the 25th Amendment has a resolution which is very identical to Section 145 of Nigeria’s 1999 Constitution. The first instance occurred on July 13, 1985 when President Ronald Reagan underwent surgery to remove cancerous substance from his colon. Prior to undergoing the surgery, he transmitted a letter to the Speaker, House of Representatives, and President of the Senate, declaring that he was incapacitated. The Vice President, George Bush, acted as President from 11.28 a.m. until 7.22 p.m. the same day; meaning that as soon as the operation ended, Reagan transmitted a second letter and assumed the power of the President.
“The second incident occurred on June 29, 2002 when President George Bush Jnr declared himself temporarily unable to discharge the power and duties of his office, because he was to undergo a surgery which required sedation. He invoked the 25th Amendment in his letter given to the White House Council which was transmitted to the House of Representatives and the President of the Senate. The Vice President in this case, acted as President for about two hours from 7.09 a.m. to 9.24 a.m., when he transmitted another letter for assumption of office.
“Lastly, on July 27, 2007 under the same circumstances as the 2002 invocation, President George Bush Jnr transmitted a similar letter when he was to undergo surgery. The Vice President acted as President from 7.15 a.m. to 9.21 a.m. of the same day. In all these, although the public was aware of the temporary handover for security purposes, the time the transfers were revealed was after the Presidents had resumed office’’.