Abuja — The not-too- cordial relationship between the executive and the legislature turned frosty yesterday, as the Senate said it would not recognise Vice President Goodluck Jonathan as the acting president of the Federal Republic of Nigeria.
The upper legislative chamber presided over by senator David Mark yesterday, also maintained that President Umaru Musa Yar'Adua did not formally write it to inform it that he was proceeding on a two -week vacation, contrary to the provision of Section 145 of the 1999 constitution of Nigeria.
As a result, a statement from the office of the secretary to the government of the federation said that Vice President Jonathan would act as the president. But the Special Adviser to the President on Media and Communications, Mr. Segun Adeniyi told State House correspondents yesterday that the president did not hand over to the vice president 'per se'.
Coming under a constitutional point of order, and citing Section 145 of the 1999 constitution and Order 40 ( I ) of the Senate Rules, Senator George Thompson Sekibo [PDP-Rivers] wondered why the president could not officially inform the Senate and the House of Representatives that he was going on leave and that the Vice president would be the Acting president.
Senator Sekibo also questioned the rule of law propaganda of the president when he can not abide by the provisions of the 1999 constitution which he swore to protect and obey.
According to Sekibo, who displayed copies of LEADERSHIP and THISDAY newspapers that reported that the Vice President took over as Yar'Adua goes on leave.
"I don't know whether the President has transmitted message to the Senate president to the point that he is going on leave.
"I want to know if he has written and the Senate is not aware. We are talking about rule of law. We must abide by constitutional provision. Last year speculations abound about his where about and suddenly he appeared. Senate must protect Nigeria and the symbol of authority is the president"
Mark now responded, " I really don't see the point you read in section 145 of the 1999 Constitution. What is the issue here is that of transmitting to us that he is going on leave or that the vice president is acting"
The senate president then called on Senator Sola Steven Akinyede [PDP-Ekiti] who objected to Seikibo's point of Order, saying that it was not mandatory for the president to transmit such a letter.
In his own contribution, the Senate Leader, Senator Teslim Folarin said, "The point is that he has not communicated to the Senate president."
Mark however said, "He has not transmitted to me, well in the event that he does the Vice president is the Acting president.
Section 145 of the 1999 constitution states: "When ever 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"
Order 40(i) of the Standing Rules of the Senate equally states: "The president of the Senate shall immediately after prayers or as soon as any new senator -elect has taken the oath affirmation of allegiance read to the senate any message addressed to the Senate by the president of the Federal Republic of Nigeria".
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WHAT A WAY TO GOVERN A NATION OF OVER 120 MILLION PEOPLE! PROCEDURE IS IN BLACK AND WHITE IN THE CONTITUTION AND IF THE PRESIDENT HAS VIOLATED THIS ACTUALLY, IT IS A SHAME TO THE PRESIDENT.
The Nigerian constitution is clear on what the president should do when proceeding on vacation.Let him simply communicate the senate president and speaker house of reps.The president has been known for his obidience of constitutional provisions.let him not stop.
ISAIAH
The constitution says the President should communicate his vacation plans "in writing". Is writing a mere sentence too much for this "lazy bone" who claims the Rule of Law as a definition of his Presidency yet he breaks the rules at every opportunity he gets - from his approach in getting rid of our Corruption Tsar - Ribadu to this latest development. Besides, is this the appropriate time for a commonsensical leader to be Missing in Action contrary to his Oath of Office? when: 1. The 2009 Budget is yet to be passed almost 4 months into the 2009 Fiscal Year. The Speaker asked the Executive to justify the whereabouts of the excess fund unspent but carried over from 2008 budget to the tune of about $30 Million to which the President has no answer. I hope the House will continue to withhold its approval until this irresponsible leader accounts for every penny. 2. Failed to provide guidance & leadership to the Ad-Hoc Economic Rescue Team he created a week ago, 600 days into his Presidency. President Yar has given us no confidence that he has the capacity or the enthusiasm to successfully run this complex country yet we pay his monthly salary to provide what - do nothing? Yet, we all sidon & look. Oh brother .
The VP Dr Goodluck is from Bayelsa and the people of the South may Infer that the Northerners really want to be in power, no matter ,"Whose Ox is Gored". Goodluck to that messed up Country called Nigeria. I will stay here in Miami Florida.
Yrs Phillip Kientimi Owi(Prof)
President for 2 weeks? Is that what the people of the South-South want - a bench-warmer instead of a de-facto President to which they are fully deserved after 39 years of the North's misrule? If the President is impeached, the constitution clearly states that the VP (from Bayelsa state) becomes President, so no need to fret here. The issue, in this case, is whether or not Emperor Yar followed the letters of the law in notifying the Senate, in writing, about his plans for a vacation, not verbally. It may seem like a little matter of oversight but if the Emperor is negligent on small matters like that what would he do on a major error, especcially when he claims the Rule of Law mantra as the bed-rock of his administration, then he must set personal example to that effect.
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