Abuja — Senate yesterday insisted that there was nothing yet in the health of President Umaru Yar'Adua that suggests that he has become incapacitated to perform his official functions.

The Upper House also dismissed insinuations that it's latest face-off with the House of Representatives over venue for the presentation of the 2010 budget was stage managed to save the President the trouble of standing for too long to perform the constitutional ceremony last Thursday.

Chairman of the Senate committee on information and media, Senator Ayogu Eze at a news briefing yesterday, said there was nothing strange with the President going abroad for medical check.

President Yar'Adua was reported yesterday to have travelled to Saudi Arabia for medical treatment. But Senate in a reaction said the President like any other Nigerian can take ill any time and may decide to go abroad for treatment.

Eze said there was no evidence that Yar'Adua can no longer perform his constitutional responsibilities on account of ill health. He said the Senate as an institution was not in any position to determine the health of the President or any other person.

He said: "The constitution does not empower the Senate to estimate the health of any body, because only a recognised health body can determine the state of any body's health.

"There is no evidence or indication that the President is not able to perform his function on account of ill health." He said yesterday that the President acted within the law in sending his Special Adviser on National Assembly matters, Senator Mohammed Abba-Aji to present the 2010 annual estimate to the lawmakers.

He said the action was in accordance with section 81(1) of the 1999 constitution which requires the President to only cause the budget to be laid to the National Assembly. He said the President had vindicated the senate by so doing adding that Senate only wanted the rule of law to be followed.

Senator Aji in a move that may have thrown to the wind the over 10 years old convention in the National Assembly laid the budget separately before the two chambers.

This was the first time in the last 10 years that any government function other than the President himself would be performing this all important function.

There also indications that the battle between the two is not yet over.