How Yar’Adua lost Presidency, Good bye Yar'adua.
Good bye Yar'adua.
By Olusola Balogun & Godwin Tsa, Abuja
Sunday, January 24, 2010
For 60 days, it looked like the nation was stuck in the middle of nowhere. Her President was stuck in King Faisal Specialist Hospital and Research Centre, Saudi Arabia, nursing acute pericarditis and a few other undisclosed ailments.
The constitution was stuck in the throat of different interpreters. Yet each day brought a new challenge.
But it is a matter of time, before President Umaru Yar’Adua is addressed as a former president because Nigerians of goodwill are fed up with his absence from duty.
Besides, an Abuja federal High Court has handed members of the Federal Executive Council (FEC) a 14-day ultimatum within which they are to pass a resolution to determine whether the ailing leader is permanently incapacitated to exercise the duties of his office or not.
The resolution according to the orders of the court should be made public.
Chief Judge of the Federal High Court, Justice Daniel Abutu who gave the judgment however said it was not within the powers of the court to determine whether or not President Yar’Adua is permanently incapacitated to discharge his presidential functions in view of the provisions of section 146 of the 1999 constitution.
The court held that the procedure for determining whether or not president Yar’Adua is incapable of holding office are clearly stated in section 144 of the 1999 constitution and there is no other procedure other than that.
It was also the findings of the court that the only body charged with the responsibility of determining the health of the President is the Executive Council of the Federation as enshrined in section 144 of the constitution.
The court ruling is one of the several attempts by concerned Nigerians to get the ship of state smooth sailing again.
Yar’Adua had traveled to Saudi Arabia on November 23, 2009 on medical grounds without transmitting a letter asking that Vice President Goodluck Jonathan should act for him to the National Assembly.
The President is reportedly receiving treatment for acute pericarditis (inflammation of the membrane around the heart). His absence has precipitated a national debate with many decrying the vacuum created by his absence.
Although the ailing leader is equally with his band of supporters, the preponderance of opinion is that it is time for him to vacate office and allow a fitter Jonathan to carry on the responsibility of governance.
Initially, many political leaders spoke tongue in cheek but when members of the Board of Trustees of the Peoples Democratic Party last Thursday spurned the patriotic advise of former President Olusegun Obasanjo to allow Jonathan to fill the void created by Yar’Adua, all hell was let loose.
First, some 41 politicians sympathetic to the views of Obasanjo decided to play a visit to the leadership of the national assembly advising that the lawmakers urgently redress the power vacuum in the country.
The group led by former Senate President, Anyim Pius Anyim, warned that it was not in the interest of the nation to be without concrete authority at any time.
The group, which was not categorical, added,
“There have been mild and wild speculations in the media. Several court cases have been instituted. Some civil society groups have taken to the streets within and outside Nigeria, with some even calling for civil disobedience… they have also shaken the foundations of our nation and threatened our nascent democracy.”
“We believe that it is not in the best interest of this nation to be without concrete authority at any time, more so in an executive presidential system of government. We also believe that the leaders of this nation and more so our elected representatives have a very serious duty to manage our national challenges to ensure national stability and democracy.”
But if the Anyim group prevaricated, Soyinka and his group were very categorical in their demand to yank Yar’Adua off the seat. The Nobel Laureate as well as the pastor of Latter Rain Assembly, Tunde Bakare, staged rallies in Abuja and in Lagos to ask that Jonathan be allowed to run the ship of state as required by law.
But Obasanjo delivered what many political pundits described as the coup de grace against the ailing President. He picked his spot well.
At the 7th Annual Trust Dialogue organized by the Media Trust Limited in Abuja, he said. “If you take up an assignment, a job-elected, appointed, whatever it is, and then your health starts to fail and you will not be able to deliver to satisfy yourself and to satisfy the people you are supposed to serve, then there is a path of honour and the path of morality. There is path of honour and the path of morality and if you don’t do that, then you don’t know anything.”
Although many were shocked at the volte-face made by the former President, those close to the former military leader claimed he decided to speak up after some “hawks determined to keep Yar’Adua in office refused to heed his advise of the grace danger inherent in allowing the ship of state to drift the manner it is going.
“Some people are like trying to manipulate the process and frustrate the constitution; and prevent the normal thing from happening. You can accuse him (Obasanjo) of so many things but not flagrant disrespect for the constitution. He wont willfully disobeys unless he is advised that there are other ways he can do it.”
The source noted, “I can tell you that he did not give the statement out of malice or hatred for the President and I am sure Yar’Adua too knows that, he said what he said because of the unity of Nigeria. He loves this country to a fault.”
Justice Abutu of Abuja court who was delivering judgment in the case filed by, Honourable Farouk Adamu Aliyu, who represented Birni Kudu/Buji Federal Constituency of Jigawa State and one Sani Ussain Garun Gabbas held that there is no evidence before the court to show that Vice President Goodluck Jonathan has not been performing the duties of the president in his absence.
The judge also agreed with the Attorney General of the Federation, Chief Michael Aondoakaa (SAN) who is the only defendant in the suit that, the Federal Executive Council had acted on the health condition of President Yar’Adua in its resolution of December 2, 2009 which pronounced Yar’Adua as capable of discharging his duties.
Aondoakaa had said, “Section 144 of the 1999 constitution must be read in the context of section 143 and 146. The court cannot under section 146 declare the President permanently incapacitated as it lacks the jurisdiction to do so. This court cannot usurp the powers of the Executive Council of the Federation.
“The procedure to do so is stipulated in section 144 of the 1999 constitution and there is no other procedure under the constitution. Having regard to the absence of President Yar’Adua on ill health, this court has no powers to come to a conclusion that Yar’Adua is permanently incapacitated.”
The judge then said: “On whether the court can compel the Federal Executive Council to pass a resolution on the health condition of the president, the court can exercise such powers and it is hereby ordered that the Executive Council of the Federation to within 14 days considered and pass a resolution as to whether or not President Yar’Adua is permanently incapacitated to discharge his functions and make their resolution public.
“There is no evidence before the court that Vice President Jonathan has not been performing the functions of the President in his absence.”
Shortly after the judgment was delivered, the Attorney General of the Federation and minister of Justice, Aondoakaa SAN said the judgment will be shown to the Vice President for appropriate action.
He however assures that the federal government will abide by the judgment of the court.
The plaintiffs had approached the court to challenge the absence of the president for more than a month and asked the court to determine whether the absence of the President from office did not constitute permanent incapacity within the meaning and intendment of Section 146 of the 1999 Constitution.
Counsel to the plaintiffs, Mr Bamidele Aturu, said after the judgment that the FEC cannot pass a resolution because it is an illegal body.
He said members of the Executive Council of the Federation, including the defendant, have refused or neglected to take any step to investigate or determine the actual state of health of the President.
The plaintiffs also said that the refusal of the AGF and the National Assembly and Members of the Executive Council of the Federation to investigate the actual state of health of the President and pass or reject a resolution as to whether he is capable to continue in office has thrown the country into wild speculation.
They also said the refusal of the Vice President to perform the functions of the President in the absence of the President has grounded the activities of government to a health.
The plaintiffs said, “the absence of the President from the country and from his duty has led to failure on the part of the members of the Executive Council of the Federation or the Federal Government of Nigeria to prepare the Annual Cash Plan for the 2010 financial year.
“The security of lives and property, and public safety have been left unattended to, without anyone to issue lawful directions”.
The plaintiffs asked the court to determine the following issues:
•Whether having regards to the fact that the President who has not been on vacation and has been undergoing treatment at a hospital in Saudi Arabia since the 23rd day of November, the Executive Council of the Federation ought not to be compelled to pass and publicize a resolution as to whether or not the President is incapable of discharging the function of his office.
•Whether the absence of President Umaru Musa Yar’Adua from Nigeria and from his constitutional and statutory duties for medical treatment since the 23rd day of November, 2009 at a Saudi Arabia hospital without being on vacation does not constitute permanent incapacity within the meaning and general intendment of section 146 of the Constitution of the Federal Republic of Nigeria 1999.
They also asked the court to grant the following reliefs:
•A declaration that the absence of the President from the country and from his statutory duties and functions for medical treatment since the 23rd day of November, 2009 in a Saudi Arabia hospital outside the purview of Section 145 of the constitution of the Federal Republic of Nigeria, 1999 constitutes permanent incapacity within the meaning and intendment of Section 146 of the Constitution of the Federal Republic of Nigeria.
• A declaration that it is unconstitutional for the Vice President of the Federal Republic of Nigeria to refuse to exercise the functions of the President of the Federal Republic of Nigeria having regard to the circumstances surrounding the absence of President Umaru Musa Yar’Adua from Nigeria and from his constitutional and statutory duties for medical treatment since the 23rd day of November, 2009 at a Saudi Arabia hospital.
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