The push by opposition political figures for the ailing President Umaru Yar'adua to be constitutionally removed from office hit a brick wall yesterday when the Federal Executive Council (FEC) declared that it would not invoke the provisions of Section 144 of the 1999 Constitution to declare him incapable of discharging his duties.

The FEC, chaired by Vice President Goodluck Jonathan and made up of Yar'adua's ministers and advisers, firmly said the president is fit enough to rule.

The council's declaration was an apparent response to 55 major political figures led by former House of Representatives Speaker Aminu Bello Masari and former Senate President Ken Nnamani, who a day earlier had demanded for Yar'adua's resignation and the immediate assumption of leadership by Vice President Goodluck Jonathan. Alternatively, they urged FEC to invoke section 144 of the constitution to force Yar'adua out of office.

The council's answer was delivered at a press briefing by 5 ministers and the Secretary to the Government of the Federation [SGF], all led by Minister of Information and Communications Professor Dora Akunyili, soon after its meeting yesterday. Akunyili said "there is no basis for the invocation" of the constitutional provision since the president "has not been found incapable of discharging his functions."

She said President Yar'adua's illness has not affected governance, and "council wishes to inform all Nigerians that all organs of government are functioning, and that government will continue to deliver."

Also speaking at the briefing, the SGF Alhaji Mahmud Yayale Ahmed declared that President Yar'adua's ill- health has not affected governance in any way. He said, "I want to assure Nigerians that this government is indeed working and is in good shape. First of all, you will recall that the president departed to Saudi Arabia for medical check-up and consequently a release was made on the nature of the ailment. We are talking about nine days since the departure. Since then we have convened two council meetings, one last week, and one today. Apart from these, every other aspect of governmental activity is being conducted well, and the Vice-President, as usual, is in charge. On issues that would require Mr. President's express approval, contacts are being made and such approvals do come."

Yayale lambasted those calling for the president's resignation, saying the council cannot be intimidated or stampeded "into doing things which they know is not practicable. We will like to assure every Nigerian that the FEC as it is constituted, is a highly responsible, patriotic organ, and that since we are a creation of the constitution, we will not shy away from our responsibilities, and if it is in the wisdom of the executive council we don't need anybody to remind us because we are responsible enough. We would not therefore be intimidated into doing things which are uncalled for."

He added, "Nobody can teach us the constitution and its application, and when the time comes we will do it. You will cross the bridge when you reach the bridge, that is the issue, and if there is more information that requires dissemination in order to cool down the anxiety and the curiosity, we would gladly say it. But if it is not necessary, we cannot say it just because we want to play to the gallery."

Asked when the president is expected back in the country, the SGF said, "All we know at this point in time is that Mr. President is responding well to treatment, and that we are in touch with him. To ask us when is he coming back, you are now saying that whether he is fully recovered or not yet, he should come back. The intention of somebody falling sick is to recover soon, that is the objective. And when he recovers quickly, he takes a decision to come back, or the doctor says he should come back, then he is back. Even if the doctor decides, he might decide that I will need another week to relax, or doctor will say okay, you are discharged, stay for two weeks, then Mr. President may say I will like to go back to my job in one week. Categorical? There is nothing categorical with human beings; it is only God that can be categorical."

He appealed to all Nigerians to continue to pray for the president's quick recovery rather than calling for his resignation, saying "nobody is beyond being tested by the Almighty."

Attorney- General of the Federation and Minister of Justice Mike Aaondoaka, SAN, said "the constitution did not make provision for creation of a super human being as a president and therefore it envisages that somebody can fall sick and go to the hospital and still remain in office. The call for the invocation of section 144 of the constitution is a call on the Federal Executive Council which is the only constitutional body empowered to start the process. We have looked at the facts on ground and there is no basis to even contemplate to start the process. Section 144 does not contemplate a situation where somebody has an ordinary illness which is being attended to, and then it should be rushed."

He said, "It goes with a severe incapacity where it is apparent, not a mere sickness. It is on this premise that we say there was no basis to even consider it. The section clearly stipulates that the federal executive council is the one that can by two thirds majority kick start the process of verifying whether the president is incapable of performing his functions. But we have not gone to that stage as there is no evidence to even start the process because the medical report is the only tangible evidence before us and government works with evidence.

In law, evidence presented by public officers is presumed correct except rebutted. The only evidence we have is the medical release and except somebody produces any contrary medical evidence before council, council has ruled that there is no basis to consider section 144 and that closes the chapter."

Section 144 of the constitution states:

(1)"The President or Vice President shall cease to hold office, if - (a) by a resolution passed by two-thirds majority of all the members of the executive council of the Federation it is declared that the President or Vice-President is incapable of discharging the functions of his office; and

(b) The declaration is verified, after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in its report to the President of the Senate and the Speaker of the House of Representatives.

(2) Where the medical panel certifies in the report that in its opinion the President or Vice-President is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the President of the Senate and the Speaker of the House of Representatives shall be published in the Official Gazette of the Government of the Federation.

(3) The President or Vice-President shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.