The Senate may consider the invocation of section 143 of the 1999 Constitution which empowers it to impeach ailing President Umaru Musa Yar'adua when it resumes sitting today, Daily Trust gathered last night. Today's sitting of the Senate will be the first by the body since the country's state governors met last week and resolved to support moves to ensure that Vice President Goodluck Jonathan becomes acting President in line with the constitution.

Some Senators who spoke with Daily Trust yesterday said the upper chamber of the National Assembly is determined to resolve the political impasse caused by the absence of the president who left the country on a medical trip to Saudi Arabia 78 days ago.

They said the Senate is now left with no option than to commence an impeachment process in accordance with section 143 of the constitution since the president has not complied with the chamber's earlier resolution asking him to transmit a medical vacation letter to the National Assembly to enable Vice President Goodluck Jonathan act as president in his absence. Contrary to the speculations making the round yesterday, President Yar'adua's adviser on National Assembly matters, Senator Mohammed Abba Aji told Daily Trust last night that no such letter has been conveyed as at that time.

Senator Ganiyu Olarenwaju Solomon (AC, Lagos West) said although the Senate did not give any time frame within which President Yar'adua must comply with its resolution, "but it should be within a reasonable time and that seems to have lapsed now. I won't want to pre-empt my colleagues, I think personally that we must do something now. The other options left to the Senate are as provided by Sections 143 and 144 of the 1999 Constitution."

He said the demand by state governors that the Senate should pass a resolution declaring Vice President Goodluck Jonathan as Acting President "is strange" because it is alien to the Constitution. According to him "The move is not in line with any section of the constitution, we have more than enough clauses to take care of the situation in the Constitution. I wonder why they (governors) even came up with this position."

Also speaking to Daily Trust by phone yesterday, Senator Annie Okonkwo (PDP, Anambra Central) said since the president has failed to comply with the Senate resolution "We are going to sit again as a Senate to see what we can do next to solve the problem."

On the motion being proposed by State Governors' Forum seeking for recognition of Vice President Jonathan as acting president without formal vacation letter from Mr. President, Senator Okonkwo said the state governors got it wrong.

"We cannot be forced by the governors because we are not in their states. The matter cannot be resolved through a motion. The Senate has already passed a motion and that is the only position we have for now. If that did not work we will look at other options in the Constitution," Senator Okonkwo said.

Another Senator that spoke on condition of anonymity said "We learn that they have concluded all arrangements to swear in the VP as acting president tomorrow (Tuesday) in anticipation of the passage of the motion they are proposing however, let me make it clear that such an action is tantamount to a civilian coup since section 4 of the 1999 constitution does not give us that power.

Moreover, a motion is not a law even if we derail to their illegal path and pass the said motion. According to the provisions of the 1999 constitution a motion is not a law and cannot be binding on any authority to obey not even on this issue."

In his own view, Senator Ahmad Ibrahim Lawan (ANPP, Yobe North) said the state governors themselves are aware that the matter cannot be resolved through a motion passed by the Senate.

He said the leaders of the ruling Peoples Democratic Party (PDP) have lost the opportunity to get a political solution to the matter through appealing to the President to send a vacation letter, adding that "The governors know that the move cannot work. The VP cannot become acting president through a motion."