Abuja — After a tension soaked plenary session, marked by protests and rowdiness, the House of Representatives yesterday finally declared that it had no power to compel ailing President Umaru Musa Yar'Adua to transmit a letter to the National Assembly, in compliance with Section 145 of the 1999 Constitution to enable Vice President Goodluck Jonathan assume duties as acting president.

Also, the Senate yesterday summoned the Special Adviser on National Assembly matters to the President, Senator Abba Aji to appear before it today.

It also rejected a motion seeking to give Yar'Adua, who has been away from the seat of power for 74 days, a two-week ultimatum to transmit a letter to it, but rather affirmed its resolution to abide by the ruling of the Chief Judge of the Federal High Court, Justice Dan Abutu, that the Vice President could not become acting president but could lawfully perform all the functions of President in his absence.

This is at variance with the position of the Senate, which had passed a resolution urging Yar'Adua to transmit a letter, informing them of his medical treatment abroad and paving way for the vice president to function in acting capacity.

The ruling of Speaker Dimeji Bankole in favour of these resolutions was however, greeted by protests from a cross section of members who felt they were not given the opportunity to contribute to the debate on the issue before the voting was conducted. Only six members were allowed to contribute to the debate: three each for and against.

Those who spoke in favour of the motion that President Yar'Adua be compelled to transmit a letter were: Hon. Muhammad Sani Abdu (ANPP Bauchi), Hon. Femi Gbajabiamilah (AC, Lagos), Hon. Joe J. Idachaba (PDP, Kogi) and Hon. Anas Adamu (PDP, Jigawa). On the contrary, Hon. Abdul Ningi (PDP, Bauchi), Ali Mohammed Ndume (ANPP, Borno) and Hon. Waziri Tambuwal (PDP, Sokoto) argued that the House had no powers to compel Yar'Adua to write any letter.

Before sitting commenced yesterday, members had already engaged in hot arguments shouting at each other. Trouble started when Hon. Muhammad Sani Abdu raised a point of order citing Order 5 of the House Standing Rules, shortly after the speaker finished calling for petitions insisting that his rights and privileges were being infringed upon due to the 'vacuum of leadership' created by the continued absence of Yar'Adua from the country.

He said the matter had created anxiety amongst Nigerians and hence he wanted to sponsor a motion for the matter to be discussed. Bankole had initially ruled Hon. Abdu out of order saying the House had already constituted a committee to visit the president in Saudi Arabia. He quickly invited the leader of the delegation, Hon. Baba Shehu Agaie to address the House on the latest about the trip.

"In any case, leader of delegation, we asked you about this trip last week and you said you had sent the passport. So, can you tell the House what is going on? Bankole inquired.

In his reply, Agaie claimed they had applied for and have gotten all the visa.

Turning to the clerk of the House, Bankole asked the clerk if the money for the trip was ready. The clerk responded in the affirmative. The speaker consequently put to rest the matter. But not satisfied with the ruling, Hon. Henry Seriake Dickson (PDP, Bayelsa) raised another point of order, relying on the same Order 5 earlier raised by Hon. Abdu insisting that there was need to discuss the matter as sought by his colleague.

He argued that the House had the right to be furnished with the 'manner and character of the correspondences' from the office of the Attorney General of the Federation on the various court rulings, bordering on the health of the president and transfer of power to the vice president. Following this argument, the speaker ordered the Rules and Business Committee to make available all the correspondences to members.

However, Hon. Emmanuel Jime (PDP, Benue) relying on Order 9 (6) raised a point of order to stop the motion saying the speaker had already ruled on the matter so it could not be debated.

But Hon. Abdul Ningi (PDP, Bauchi) after conferring with the speaker moved a counter point of order, citing Order 9 (9) backing the calls for the House Rules to be suspended to enable Hon. Abdu move his motion. "Hon. Sani has raised a fundamental matter and we have to discuss this matter severely. Let him come out with this matter and we discuss it. What is it?" Ningi retorted.

It was at this point that Speaker Bankole came in, "We don't want a situation where members will complain that they were not given any opportunity to contribute. So move your motion (referring to Hon. Abdu). But this was not to be as another interjection from Hon. Ike Chinwo (PDP, Rivers) who cited Order 9 (6) of House Rules arguing that the motion should not be entertained. He said, "This House had considered everything and resolved that a committee be raised to travel for which the speaker asked this afternoon and the leader of the delegation said everything was okay". He was also interrupted by Hon. Dickson.

Deputy Chief whip of the House, Hon. Aminu Waziri Tambuwal pleaded that Hon. Abdul be allowed to move the motion since the speaker had agreed to waive the House Rules. It was at this point that the speaker recognised Hon. Halims Agoda (PDP, Delta) to move a motion that House Rules be waived for Abdul to go ahead with the motion on Yar'Adua. Hon. Abdul consequently moved the motion and was seconded by Hon. Anas Adamu. When Speaker Bankole put to question if the motion be discussed, those in support of the motion were in the majority, although he had to call for the voice vote twice.

In his motion, Hon. Abdul noted that the president had been away from the country since November 23, 2009 without any formal notice of his absence been transmitted to the National Assembly. He observed that all Nigerians including members of the National Assembly had been praying for the quick recovery and return of the president but expressed worry that "unnecessary controversies regarding the leadership status of the country are unduly heating the polity."

He contended that 'those who are thinking that by Mr. President sending that letter, he would be ceding all powers were wrong.

Shortly, after moving the motion, Speaker Bankole recognised Hon. Abdul Ningi to speak against it. Although, the anti-Yar'Adua members were not comfortable with the arrangement and protested, Bankole maintained his stance that the pro and anti speak interchangeably.

In his argument, Ningi said the court had already ruled on the matter of the letter and the House could not compel the president to transmit the letter. He said the vice president was performing the functions of the president and the matter be left as it was.

"We as parliamentarians represent all shades of opinion but we must know our limits due to separation of powers."

But speaking in favour of the motion, AC leader, Hon. Femi Gbajabiamilah, argued that the discretion accorded the president by Section 145 of the 1999 Constitution should not be abused. "Mr. Speaker, the discretion can't be abused. The motion is about asking the president to exercise his discretion in the best interest of the nation'.

According to him, if the vice president was performing presidential functions, 'what stopped him from signing the budget or swearing in the Chief Justice of the Federation (CJN)?"

He disagreed that the vice president was performing all presidential powers saying there is a difference between executive and delegated powers. "For those of us who think the VP has presidential powers, I stand here to challenge the VP. The biggest problem today is the listing of Nigeria on terrorism list. I dare the VP if he thinks he has the powers let him pick his phone and call President Obama and I can bet you the best he will get is for Joe Biden to speak with him."

Also the Senate President was billed to meet with the Peoples Democratic Party (PDP) Caucus in the Senate and the National Working Committee of the party last night at his residence in Apo Legislators Quarters, Abuja ostensibly to discuss the raging debate occasioned by the continued absence of Yar'Adua from the country.

Mark, who announced the invitation at the plenary did not however give reason for the summons, just as he did not explain the reason for his parley with the PDP caucus.

However, there are strong indications that the Senators would drill the Presidential aide behind closed doors on the allegations that a letter written sometime ago to the National Assembly, by Yar'Adua, notifying it of his intention to embark on medical vacation was withheld by him.

Sources claimed that his summons may not be unconnected with revelations by Secretary to the Government of the Federation, Alhaji Yayale Ahmed, during his recent interaction with senators.

He was said to have told the lawmakers that the president's National Assembly liaison officer may have some explanation to make over a letter which he claimed to have drafted and vetted by the Minister of Justice, Michael Aondoakaa and signed by the president before his trip that time.

A source disclosed that the meeting may be a prelude to the actual action of the senators who were said to be miffed over the alleged conduct of Abba and considering 'literarily declaring him a persona-non-grata.

On the PDP caucus meeting with Mark and the national working committee of the party, it was learnt that the Senate President wanted to use the occasion to pepper the rising anger of majority of senators against him, particularly the no love lost between the Senators and their spokesman, Senator Ayogu Eze. "Senator Mark may want to sooth the rising angst of Senators who are angling to move against the President any time from now", said the source. The move the source said may not spare the leadership also.