Jonathan: Between ‘acting’ and performing the role of President
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- Category: Inside politics
- Written by Suleiman M. Bisalla
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Middle of this week, the Abuja Federal High Court gave a ruling on what the status of Vice President Goodluck Jonathan should be in the prolonged absence of President Umaru Yar’adua. Relying on the provisions of Sections 5 and 148 (1) of the 1999 Constitution, presiding Judge, Justice Daniel Abutu, ruled that the Jonathan cannot be acting President but can perform the functions of the President.
Christopher Onwuekwe, a legal practitioner in the suit number: FHC/ABJ/CS/2010 had asked the court to declare that in the absence of the president following his ill-health and in view of Sections 5 (1) and 148 (1), of the 1999 constitution, the Vice President can exercise the powers vested in the president in his (president’s) absence.
In the light of the judgment, not a few Nigerians have been curious about the limitations, if any, of the ‘none acting President’ who, however, is performing the functions of the President. It would be recalled that a constitutional crisis was slightly averted when Jonathan could not swear in the new Chief Justice of Nigeria at the end of last year. Just before that, the Supplementary budget was also said to have been signed by President Yar’adua on his hospital bed in Jeddah. In view of the events of the recent past therefore, many observers have asked whether the judgement of the Federal High Court have changed anything to improve the standing of the Vice President in the government.
The Attorney General and Minister of Justice Mr Michael Aondoakaa who was mentioned as defendant alongside the Federal Executive Council (FEC) had failed to oppose plaintiff’s prayers. He said in his comments after the ruling that FEC was vindicated because the Vice President had long been performing the functions of the President. Justice Abutu also recalled that even before the suit; the Vice President had been carrying out the duties of the president as allowed by the constitution in Section 5 (1).
But how far can the Vice President go in exercising Presidential functions in the face of the judgment? Since the taste of the pudding is only found in the eating, it remains to be seen whether Jonathan will take his turn to swear in and appoint the 16 Federal Permanent Secretaries that have been idle since last year.
Constitutional lawyer Professor Auwalu Yadudu who spoke to Weekly Trust on telephone yesterday said the judgement had changed nothing. According to him, the functions of the Vice President Jonathan are still limited to chairing meetings and giving directives to ministers. “He can’t sign documents; he can’t make appointments or even changes in the cabinet. He can only chair meetings and give directives to ministers,” the legal luminary said.
The constitution requires the President to write to the National Assembly to transmute his powers before his vice can serve as acting President. But President Yar’adua did not do so before he left for treatment in Saudi Arabia and more than 50 days after, there are no signs that he is willing to do so.
Apart from the controversial gap between ‘acting president’ and ‘performing the function of the president, the judgement which was pronounced in favour of the plaintiff also presented further controversies and opened more of the kind of conspiracy theories that have trailed the President’s health saga since he left the shores of the country.
When President Yar’adua reportedly signed the budget in Jeddah, a section of the political class alleged that the signature was forged. Also, when the top officials of the government including the Vice President said they spoke with the President, some media organisations said they could not have done that because the president is ‘brain damaged’. Similarly, when the BCC carried a brief statement by the ailing President early this week, many politicians, columnists and commentators alleged that the voice was that of an impostor.
Indeed political pundits have alleged that the case might have been sponsored by the Justice Minister and those close to President Yar’adua. Those who hold this believe were quick to question two things; first, the speed with which the case was handled and then the way the ruling was quickly welcomed by the Justice Minister whose action or inaction not only sped up the trial but eased the work of the judges.
Speaking to Weekly Trust, former member of the House of Representatives Alhaji Farouk Adamu Aliyu said the case qualifies for listing in the Guinness Book of Record. “In fact the speed with which the court determined the case has qualified it for the Guinness Book of Record. You will recall that the case was filed on January 6th; it was set for mention on Monday, fixed for hearing on Tuesday and the judgment was given on Thursday.
“You will recall that about a month ago, the Attorney General was said to have written a letter to the Vice President, asking him to act as President, but he denied. So what they did now is to hurriedly get this judgment thinking that they will confuse the people,” Adamu said.
The former Minority Leader of the House of Representatives is one of several Nigerians that have been asking the court to compel President Yar’adua to give way because he is incapacitated, as they claim. Adamu and chairman of the Jigawa State chapter of the Nigeria Bar Association (NBA) Sani Hussaini Garun Gabas had jointly filed a suit at the Abuja Federal High Court asking it to declare that the absence of President Yar’adua from the country since November 23rd on the grounds of ill-health constitutes permanent incapacitation, which makes him liable to the provisions of Section 149 of the 1999 constitution.
The duo also want the court to determine whether the President’s absence this long, “without notifying the National Assembly or authorizing the Vice President to act as Acting President is compatible with his oath of allegiance as prescribed in the 7th Schedule of the constitution.”
Others who instituted similar cases include the Nigerian Barr Association as well as the President of the West African Bar Association (WABA) Mr Femi Falana. Falana filed a suit asking the same Federal High Court that gave last week’s ruling to compel President Umaru Musa Yar’adua to immediately empower the Vice-President, Dr Goodluck Jonathan to discharge the functions of the President as the Acting President of Nigeria.
In the originating summons filed before the court, Falana asked for a declaration that the failure or refusal of President Yar’adua to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives before proceeding on medical vacation on 23 November 2009, is illegal and unconstitutional as it violates Section 145 of the Constitution of the Federal Republic of Nigeria, 1999.
Shortly after Wednesday’s judgement, Falana asked that his case be reassigned to a different Judge. But Farouk and his associates said they were willing to allow Justice Abutu to give rule on their case believing that he would do the right thing. While ruling was fixed for 22nd January in the case of Alhaji Aliyu, no date was fixed for that of Falana because it has to be reassigned in the first place.
“What we are asking for is that Jonathan should act as President and not just act for the President. We asked for this because if he does not act as President, he cannot assume the position of Commander in Chief; he cannot make appointments; he cannot make changes in the cabinet and he cannot swear in anyone,” Aliyu said.
“We believe that what is good for the goose is also good for the gander that is why our lawyer demanded that the judge should also rule on our case that day. But he objected and asked us to wait until next week,” he added.
Asked whether he believes the judge will do justice in his case, Alhaji Farouk said “we believe he will do the right thing and in good time like he did the last one on Wednesday.”
Political pundits believe that though the issue has answers in the courts, the political approach would have been better and more honourable. But certain political interests, well at variance with the national interest, appear to be making any political solution absolutely bleak. In fact that is why no one can say with a good degree of certainty the condition of the president. Worse still no one appears to believe those who mediate between the President and 140 million Nigerians, which is why the scenario is threatening major political crisis capable of jeopardising the corporate existence and stability of Nigeria.
Articles
Jonathan: Between ‘acting’ and performing the role of President
Category: Inside politics Written by Suleiman M. Bisalla Hits: 1359
Middle of this week, the Abuja Federal High Court gave a ruling on what the status of Vice President Goodluck Jonathan should be in the prolonged absence of President Umaru Yar’adua. Relying on the provisions of Sections 5 and 148 (1) of the 1999 Constitution, presiding Judge, Justice Daniel Abutu, ruled that the Jonathan cannot be acting President but can perform the functions of the President.
Christopher Onwuekwe, a legal practitioner in the suit number: FHC/ABJ/CS/2010 had asked the court to declare that in the absence of the president following his ill-health and in view of Sections 5 (1) and 148 (1), of the 1999 constitution, the Vice President can exercise the powers vested in the president in his (president’s) absence.
In the light of the judgment, not a few Nigerians have been curious about the limitations, if any, of the ‘none acting President’ who, however, is performing the functions of the President. It would be recalled that a constitutional crisis was slightly averted when Jonathan could not swear in the new Chief Justice of Nigeria at the end of last year. Just before that, the Supplementary budget was also said to have been signed by President Yar’adua on his hospital bed in Jeddah. In view of the events of the recent past therefore, many observers have asked whether the judgement of the Federal High Court have changed anything to improve the standing of the Vice President in the government.
The Attorney General and Minister of Justice Mr Michael Aondoakaa who was mentioned as defendant alongside the Federal Executive Council (FEC) had failed to oppose plaintiff’s prayers. He said in his comments after the ruling that FEC was vindicated because the Vice President had long been performing the functions of the President. Justice Abutu also recalled that even before the suit; the Vice President had been carrying out the duties of the president as allowed by the constitution in Section 5 (1).
But how far can the Vice President go in exercising Presidential functions in the face of the judgment? Since the taste of the pudding is only found in the eating, it remains to be seen whether Jonathan will take his turn to swear in and appoint the 16 Federal Permanent Secretaries that have been idle since last year.
Constitutional lawyer Professor Auwalu Yadudu who spoke to Weekly Trust on telephone yesterday said the judgement had changed nothing. According to him, the functions of the Vice President Jonathan are still limited to chairing meetings and giving directives to ministers. “He can’t sign documents; he can’t make appointments or even changes in the cabinet. He can only chair meetings and give directives to ministers,” the legal luminary said.
The constitution requires the President to write to the National Assembly to transmute his powers before his vice can serve as acting President. But President Yar’adua did not do so before he left for treatment in Saudi Arabia and more than 50 days after, there are no signs that he is willing to do so.
Apart from the controversial gap between ‘acting president’ and ‘performing the function of the president, the judgement which was pronounced in favour of the plaintiff also presented further controversies and opened more of the kind of conspiracy theories that have trailed the President’s health saga since he left the shores of the country.
When President Yar’adua reportedly signed the budget in Jeddah, a section of the political class alleged that the signature was forged. Also, when the top officials of the government including the Vice President said they spoke with the President, some media organisations said they could not have done that because the president is ‘brain damaged’. Similarly, when the BCC carried a brief statement by the ailing President early this week, many politicians, columnists and commentators alleged that the voice was that of an impostor.
Indeed political pundits have alleged that the case might have been sponsored by the Justice Minister and those close to President Yar’adua. Those who hold this believe were quick to question two things; first, the speed with which the case was handled and then the way the ruling was quickly welcomed by the Justice Minister whose action or inaction not only sped up the trial but eased the work of the judges.
Speaking to Weekly Trust, former member of the House of Representatives Alhaji Farouk Adamu Aliyu said the case qualifies for listing in the Guinness Book of Record. “In fact the speed with which the court determined the case has qualified it for the Guinness Book of Record. You will recall that the case was filed on January 6th; it was set for mention on Monday, fixed for hearing on Tuesday and the judgment was given on Thursday.
“You will recall that about a month ago, the Attorney General was said to have written a letter to the Vice President, asking him to act as President, but he denied. So what they did now is to hurriedly get this judgment thinking that they will confuse the people,” Adamu said.
The former Minority Leader of the House of Representatives is one of several Nigerians that have been asking the court to compel President Yar’adua to give way because he is incapacitated, as they claim. Adamu and chairman of the Jigawa State chapter of the Nigeria Bar Association (NBA) Sani Hussaini Garun Gabas had jointly filed a suit at the Abuja Federal High Court asking it to declare that the absence of President Yar’adua from the country since November 23rd on the grounds of ill-health constitutes permanent incapacitation, which makes him liable to the provisions of Section 149 of the 1999 constitution.
The duo also want the court to determine whether the President’s absence this long, “without notifying the National Assembly or authorizing the Vice President to act as Acting President is compatible with his oath of allegiance as prescribed in the 7th Schedule of the constitution.”
Others who instituted similar cases include the Nigerian Barr Association as well as the President of the West African Bar Association (WABA) Mr Femi Falana. Falana filed a suit asking the same Federal High Court that gave last week’s ruling to compel President Umaru Musa Yar’adua to immediately empower the Vice-President, Dr Goodluck Jonathan to discharge the functions of the President as the Acting President of Nigeria.
In the originating summons filed before the court, Falana asked for a declaration that the failure or refusal of President Yar’adua to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives before proceeding on medical vacation on 23 November 2009, is illegal and unconstitutional as it violates Section 145 of the Constitution of the Federal Republic of Nigeria, 1999.
Shortly after Wednesday’s judgement, Falana asked that his case be reassigned to a different Judge. But Farouk and his associates said they were willing to allow Justice Abutu to give rule on their case believing that he would do the right thing. While ruling was fixed for 22nd January in the case of Alhaji Aliyu, no date was fixed for that of Falana because it has to be reassigned in the first place.
“What we are asking for is that Jonathan should act as President and not just act for the President. We asked for this because if he does not act as President, he cannot assume the position of Commander in Chief; he cannot make appointments; he cannot make changes in the cabinet and he cannot swear in anyone,” Aliyu said.
“We believe that what is good for the goose is also good for the gander that is why our lawyer demanded that the judge should also rule on our case that day. But he objected and asked us to wait until next week,” he added.
Asked whether he believes the judge will do justice in his case, Alhaji Farouk said “we believe he will do the right thing and in good time like he did the last one on Wednesday.”
Political pundits believe that though the issue has answers in the courts, the political approach would have been better and more honourable. But certain political interests, well at variance with the national interest, appear to be making any political solution absolutely bleak. In fact that is why no one can say with a good degree of certainty the condition of the president. Worse still no one appears to believe those who mediate between the President and 140 million Nigerians, which is why the scenario is threatening major political crisis capable of jeopardising the corporate existence and stability of Nigeria.