Abuja — The Federal High Court, Abuja, on Friday ordered the Federation Executive Council (FEC) 14 days to prove medically that President Umaru Yar'Adua was fit to perform his duties.
The two highest policy bodies existing at the centre are the Federal Executive Council (FEC) and the National Council of States (NCS).
The Chief Judge of the Court, Justice Daniel Abutu, in his judgment ordered FEC to comply with the relevant section of the 1999 Constitution.
"Having regards to the fact that the president has been away on a medical treatment since 23 November 2009, he (Yar' Adua) is incapable of performing his presidential duties.
"The FEC should resolve whether the president is capable of performing his presidential functions or not and pass a resolution to that effect,'' the judge said.
A former Minority Leader, Mr Farouk Aliyu and the Chairman of the Jigawa State Chapter of the Nigerian Bar Association (NBA), Mr Sani Gabbas, had sued the Attorney General of Federation (AGF) and FEC over the indefinite absence of the President.
The plaintiffs through their counsel, Mr Bamidele Aturu, asked the court to determine whether the resolution of FEC at its meeting of 2 December 2009 to the effect that Yar'Adua was capable of discharging his functions as President of Nigeria was constitutional.
Aturu contended that the seat of the president had been vacant since 23 November 2009, arguing that the nation had been without a ruler.
He urged the court to compel Vice President Goodluck Jonathan to start carrying out the functions of the president.
Aturu added that the relevant sections of the constitution made it mandatory for the president to hold meetings with ECF.
The plaintiffs pointed out that "it is unlawful, pursuant to the Public Service Rules for Yar'Adua to be absent from the office without going through due process."
Counsel to the plaintiffs further told the court that the "FEC is violating the law, what the Constitution recognises is ECF."
Aturu prayed the court to hold that the President's failure to write the Senate President and Speaker, House of Representatives, before going on medical vacation on 23 November 'is illegal and unconstitutional as it violates Section 145 of the Constitution".
He urged the court to compel the council to pass a resolution for the Vice President to start performing the presidential duties in Yar'Adua's absence in accordance with the Constitution.
The AGF, Chief Michael Aondoakaa, who appeared in person, in his counter affidavit to the originating summons filed by the plaintiffs, had argued that the plaintiffs' suit was premature and lacked locus standi.
He also argued that the court lacked jurisdiction to entertain the suit and that the court had no power to declare the president's seat vacant when he was still alive and capable.
Aondoakaa told the court to throw out the entire suit on the ground that the plaintiffs had no legal right to sue and that if the court entertained it, it would amount to abuse of court process.
"Section 146 states that the VP shall hold office if the office of the president is vacant by reason of death, Section 143 must be read in conjunction with section 146, this court cannot declare the seat of the president vacant while he is still alive.
"The Constitution does not vest power on the court to declare the seat of the president vacant.
"I submit that section 5 (1) of the constitution is discretional and does not make it mandatory that the VP should take over office in the absence of the president," Aondoakaa said.
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Aondoakaa was the lawyer for the corrupt politicians pushing the country into a failed state. The court should get rid of Umaru Yar'Adua to save the country.
Aondoakaa is fighting for survival and his pocket. The situation in Nigeria at present can best be described aS STATE PARALYSIS
How in the world did they choose this Aaondaka man to be AGF? Whose idea was this? This must be one of the poorest judgments of this Nigerian administration. This man looks and talks like a crook. Sect 145 provides for the president being absent, on vacation, or otherwise unavailable for leadership, as is clearly the case right now. As a matter of fact, not only is the president absent, he is also incapacitated, totally unable, and unavailable to perform any function whatsoever! Now this section provides for him to write the NASS, informing them to accept the full authority of the VP in his absence. This clause seems to exist for the unequivocal information of the assembly, the government and the people. And this is where the president has erred! By not writing such a letter, the president opened the door for crooks like Aaondaka to be misinforming, misleading and confusing the entire country. I believe the judge has the authority and the jurisdiction to compel the president to transmit such a letter to the NASS, based upon a clear and incontrovertible evidence of his incapacitation (his unexplained absence in a foreign country for 2 months), even if from his death bed, for the continued leadership of the country, pending the divine determination of his health!
It is an absolute disgrace that a nation the size of Nigeria could be treated in this manner. The pack of self-centred and self seeking politicians who parade the corridor of power in Abuja should be taken to the American torture chamber near Cuba. They have shown that they lack what it takes to lead a nation. Common sense dictates that the affairs of any nation should not be left to drift from crisis to crisis. If there is a vice president he should have the automatic right to carry on the business of nation if the president was in the hospital. The post is not hereditary and the president is not like a kind who can only be replaced upon his death. Common sense should have prevailed but in Nigeria people who walk on their head are in abundance and some of them call themselves honourable when in fact they are the most dishonourable men and woman on mother earth. If you have a constitution that make it impossible to function as a nation you should tear it up and get on with good governance. Abacha was the midwife that delivered the 1999 Constitution. He wanted to make himself a king who would die in office but death did not allow it. Any reasonable people would have reviewed the constitution and remove all the irresponsible clauses that make anyone treat Nigeria as his or her personal possession. If Mr Good-luck was not fit to govern why was he made vice-president? If you leave a country in a limbo to 3 month who is benefiting? Nigeria is a banana republic ruled by ugly monsters and tugs who desire nothing good for the masses. It is a pity that no system ever works in Nigeria because wrong people are in the right places. There was no need for anyone to tell the blind men and women in Abuja that their senses have failed them because their belly comes first.
It is despicably unacceptable that Nigerian would continue to tolerate the despotism of criminals in the FEC that parade themselves as Nigerians. The president is unwell and has been so for quite a long time; there should be no reason why Mr. Jonathan cannot perform the duties of the president in the face of current polital, economic and diplomatic challenges confronting the country. I believe many Nigerians have had enough of this type of "sit down and look" attitude and something has to and needs to be done. Hopefully the court is waking up to the reality of imminent anarchy in the country. The Jos riot is just the beginning.
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