The Niger Delta Youth Coalition yesterday opposed the resolution of the National Assembly empowering Vice President Goodluck Jonathan as acting president; the group described the development as illegal and unconstitutional.
In a press statement signed by its national coordinator Prince Emmanuel Ogba and national secretary, Dr. Joe Amachree, the group also vowed that it would move for an injunction restraining Jonathan from being acting president.
The statement reads, “We shall move for an injunction restraining Jonathan’s illegal adoption as acting president.
“We the members of the above body wish to call on the two chambers of the National Assembly to retrace their adoption of the vice president of Nigeria until the infringed aspect of the constitution is respected.
“In an emergency meeting held on Thursday, 11th February 2010 in Port Harcourt, we resolved the following:
“That so far as the Sections 143, 144, 145 and 146 of the Federal Constitution of Nigeria demand that transmission of power from sick President Yar’Adua to the National Assembly must be done through a written document and not through a so- claimed broadcast by the British Broadcasting Corporation. (BBC), we give two weeks ultimatum to the National Assembly to prevail on Yar’Adua to transmit a written transfer of power to the National Assembly, or impeach Yar’Adua for failing to do so, which amounts to gross misconduct and disregard of the constitution.
“Such could begin by providing to the nation the real health condition of our president by setting up a panel of medical experts.
“It is important to state that we are not against Jonathan emerging as acting president, but we insist such must be done constitutionally.”
The statement continued, “We suspect that the illegal adoption could be a booby trap which enemies of the nation can capitalise on and make Jonathan’s due emergence as acting president, illegal and a wrong precedent.
“If after the two weeks the National Assembly fails to retrace their step, we shall get an injunction restraining Jonathan from parading himself as an acting president.
“We shall at the expiration of our two weeks’ ultimatum sue the National Assembly; the federal executive council (FEC) and sick president, Musa Yar Adua for acting contrary to the constitution which is supposed to be the supreme guide of their actions.
“Our action has nothing against the person of Jonathan; after all, he is our brother from Niger Delta. We are also not against the person of President YarAdua; after all NDYC was among the first groups to declare two weeks fasting and praying on his health condition. But we are quarrelling against doing the right thing through unconstitutional means.
“Neither Yar Adua nor the National Assembly are above the Law.
“Let the health report on Yar’Adua be presented and let Yar’Adua’s transmission of intent be written. Let the National Assembly respect the law by impeaching the president for violating the constitution, or we shall meet in the court.”
In another development, former minority leader in the House of Representatives, Hon. Farouk Aliyu Adamu Friday filed a fresh suit challenging the resolution of the National Assembly which made Vice President Goodluck Jonathan the acting president pending the recovery and return of President Umaru Musa Yar’Adua.
The former lawmaker approached the court praying that “having regard to the provisions of section 145 of the Constitution of the Federal Republic of Nigeria 1999 and the circumstances of this suit, the Senate of the Federal Republic of Nigeria has no constitutional powers to pass a resolution mandating the vice president, Goodluck Ebele Jonathan to assume full presidential powers as acting president pending the return of president Umaru Musa Yar’Adua.
In the same vein, he asked the court to declare that the House of Representatives has no powers to mandate the vice president to become Acting president pending the return of President Yar’Adua.
Against this development, the plaintiff asked the court to make an order to invalidate the said resolution of the National Assembly on February 9, 2010 on the account that such a resolution was unconstitutional and of no effect.
Similarly, he prayed the court for an order “directing the Senate and House of Representatives to cause compliance with section 145 of the constitution by waiting for a written declaration to be transmitted by the president before passing any resolution to that effect.”
He also asked the court to order the vice president to forthwith “stop parading himself” as the acting president and commander -in -chief of the armed forces of the Federal Republic of Nigeria.
In a written affidavit of urgency deposed to by Hon. Farouk Adamu Aliyu himself, the court was told that the president of the Federal Republic of Nigeria travelled since November 23, 2009 and that the matter must be determined on time to avoid constitutional and economic crises.
Listed as respondents in the suit are the vice president and the attorney general of the federation (AGF)
Earlier, the plaintiff and the chairman of the Jigawa State chapter of the Nigerian Bar Association (NBA), Sani Gabbas had appealed the judgement of an Abuja Federal High Court which held that President Umaru Musa Yar’Adua’s official duties have not been left undone following his absence from office.
Although the court did not fault the locus of the plaintiffs to file the action, it did not agree with them that the president is no longer capable of executing the duties of his office having left the country for Saudi Arabia, where he is receiving medical attention.
The appellants, through their counsel asked the court of appeal to set aside the decision of the Federal High Court before Justice Daniel Abutu and to declare that Yar’Adua is incapable of performing his official functions.
It also prayed the Appeal Court to hold that the vice president should become acting president until the president returns.
On the grounds of appeal, they said that the lower court erred in law when it stated that the president’s absence did not amount to permanent incapacity in line with section 144 of the 1999 Constitution.
In the attached written address, he said the members of the Executive Council of the Federation and National Assembly have not seen President Yar’Adua since, nor do they know the state of his health.
“What then is the implication of the president not transmitting the prescribed declaration in section 145 of the constitution? We submit respectively that section 145 is very clear and unambiguous and unless the president transmits such a written declaration to the president of the Senate or the speaker of the House of Representatives, the requirements of the section can not be said to have been complied with.”