Abuja — The two chambers of the National Assembly: Senate and the House of Representatives, yesterday unanimously resolved to constitutionally empower Vice President Goodluck Jonathan as acting president in line with Section 145 of the 1999 Constitution.

The acting president in a national broadcast last night said that he was humbled by the great call to duty and thanked Nigerians, the international community, civil society groups and the media for their devotion to democratic norms and value.

"The circumstances in which I find myself assuming office today as acting president of our country are uncommon, sober and reflective. More than ever therefore, I urge all Nigerians as a people of faith in God, to pray fervently for the full recovery of our dear President and his early return," Jonathan said.

"The events of the recent past have put to the test, our collective resolve as a democratic nation. I am delighted to note that our nation has demonstrated resilience and unity of purpose. Today affords us time to reconnect with ourselves and overcome any suspicions, hurts and doubts, which had occurred.

"In all these, there are no winners and no losers, because by the Grace of God we have once again succeeded in moving our country forward. We have all shown that our unity as a people, our love for this country, and our hope for its great future cannot be shaken."

The acting president said it is now time for the nation to move on in a more determined manner to tackle the various challenges which we face as a nation. Our march towards Vision 20-2020 is irreversible.

"Therefore, we see a need to prioritise on a few of the most critical areas which continue to plague our effort at engendering meaningful economic growth and development. Some of these critical sectors include power, infrastructure, security, generation of employment and business opportunities for our teeming young men and women," he added.

The resolutions in the two chambers yesterday have brought to a climax the leadership crisis that has bedevilled the country for the past 78 days - occasioned by the prolonged absence of President Umaru Musa Yar'Adua from his duty post.

The Nigeria Governors' Forum was on hand to congratulate the lawmakers immediately after securing the historic resolution.

The senators, who met behind closed door for about 30 minutes resolved as follows:

"That Vice President Goodluck Ebele Jonathan, shall hence forth discharge the functions of the office of the president, commander-in-chief of the Federal Republic of Nigeria as acting president;

"That the vice president shall cease to discharge the functions of the president when Yar'Adua pursuant to Section 145 of the 1999 Constitution transmits to the president of the Senate and the speaker of the House of Representatives in writing that he had returned from his medical vacation".

The resolutions were sequel to an "emergency motion" - pursuant to Section 145 of the Constitution and Orders 42 and 52 of the Senate Rules, sponsored by the Senate Leader, Senator Teslim Folarin.

Moving the motion, Folarin noted that the president and commander-in-chief, Yar'Adua, left Nigeria for medical attention to Saudi Arabia on November 23, 2009, noting that the entire country, particularly the Senate had prayed for his quick recovery and expected his early return from the trip.

However, he acknowledged that on January 12, 2010, President Yar'Adua transmitted a message to the whole world through the British Broadcasting Corporation (BBC), a declaration that he was receiving medical treatment in Saudi Arabia and consequently would be unable to discharge the functions of his office until his doctors certify him fit to return to the country to assume duties.

He noted that the President of the Senate and the Speaker of the House of Representatives, had read the president's declaration transmitted through the BBC and further published in several print media.

Consequently, the majority leader told his colleagues that he was satisfied that in the interest of the nation, Section 145 of the 1999 Constitution had been complied with by the said declaration.

Nonetheless, a spirited effort was made by Senator Garba Lado, representing Yar'Adua in the Senate, to stop the motion relying on constitutional order. He cited Section 145 of the constitution which according to him, stipulates that the president should transmit to the National Assembly his intention to go on vacation. Besides he said that some members had doubted the voice they heard on the BBC and wondered why the Senate would now rely on the said broadcast to pass the resolution, ceding power to his deputy.

But he was overruled by the Senate president, who told him that the doubt expressed by a senator is merely an individual observation and did not represented that of the Senate.

Before he put the motion to question, Mark took time to address Senators on the motion and its significance in the circumstance. He said the prolonged absence of the president, who travelled to Saudi Arabia for medical treatment had bred anxiety and tension adding that since his departure, Nigerians from various walks of life had engaged in debates over his health status and its effect on governance.

"As an institution charged with the responsibility for making laws for the good governance of our nation, the Senate has responded to the debate guided by patriotism, wisdom and our collective national interest. You will recall that we moved the motion to ascertain the health status of Mr. President on this floor. Consequently, the Secretary to the Government of the Federation (SGF), Alhaji Yayale Ahmed, was invited to brief the Senate," Mark stated.

"In furtherance of this and consequent upon the information provided by the SGF, the Senate urged Mr. President to notify the National Assembly of his medical vacation in compliance with the provisions of Section 145 of the 1999 Constitution.

"We further resolved that the Senate Committee on the Review of the 1999 Constitution should undertake a critical review of Section 145 of the Constitution in view of the present unforeseen circumstances and urged Nigerians to continue to pray for the speedy recovery of our dear President.

"We had also invited the Special Adviser on National Assembly Matters, Senator Mohammed Abba-Aji, to brief the Senate on the circumstances surrounding an alleged failure to transmit a letter from Mr. President to the National Assembly. Needless to state that in all these actions, the spirit and letters of the constitution as well as a collective desire to sustain our hard earned democracy served as our guide and road map.

"The last 78 days have been very challenging to us as nation. We have come under intense pressure, stress and pain. However, we have examined all options available to us and today rightly concluded that it is necessary to take this stand and allow the country move forward."

Mark said the intendment and spirit of the constitution, as far as Section 145 is concerned, is that the legislature should have foolproof and irrefutable evidence that the president is going on vacation, or is otherwise incapable, in the interim, of discharging the functions of his office.

According to him, a rigid and inflexible interpretation would not only stifle the spirit and intendment of the constitution, but would also affront the doctrine of necessity. The doctrine of necessity he added, requires that the senators do what is necessary when faced with a situation that was not contemplated by the constitution. "We have as well maintained the sanctity of our constitution as the ultimate law of the land," he said.

"Viewed from an ordinary reading of Section 145 of 1999 Constitution, we came to the conclusion that the president, through his declaration transmitted worldwide on the BBC, has furnished this parliament with irrefutable proof that he is on medical vacation in the Kingdom of Saudi Arabia, and has therefore complied with the provisions of Section 145 of the 1999 Constitution."

The Leader of the House, Hon. Tunde Akogun (PDP-Edo), announced the House decision after its closed door session saying resolution was for peace, order and good governance of the federation and consistent with judgements of the courts

Akogun said the vice president shall act and assume all executive powers of the president and that the National Assembly shall receive and treat all correspondences from Jonathan as acting president.

Speaking with journalists, Hon. Chile Igbawua (PDP-Benue) said that the House had taken a decision on a highly political issue. "We have taken a decision on a highly politicised issue in the country," he said.

He said that the House had to take the decision to stop the country from drifting towards anarchy. "To stop this drift, we have to take this decision today and we believe that it is sufficient to stop the drift that we are witnessing in the country," he said.

Hon. Femi Gbajabiamila (AC-Lagos) said that the change of mind to endorse Jonathan as acting president by members of the House was brought about by the doctrine of necessity on the part of those who were opposed to the decision. He said that there was no constitutional provision that empowers the House to make the vice-president an acting President.

On the planned impeachment by some members of the House, Femi said that it had been overtaken by the resolution of the House. Hon. Aliyu Wadada (PDP-Nasarawa) said that her colleagues had proven that they are responsible and responsive representatives of the people. He explained that the House had to wait this long because it had to operate within the confines of the constitution.

"All along we have treaded on the part of constitutionality. What we have done today as a House of the people is to tread the path of legitimacy. We have responded to the yearnings and aspirations of Nigerians to endorse the vice president as acting president," he said.

Hon. James Idachaba(PDP-Kogi) said that the decision by the House would ease the heat on the polity. "This was what some of us agitated for some days before now," he said.

Meanwhile, the President of the Movement for the Survival of Ogoni People, Mr Ledum Mitee, has commended the Senate and the House for their decision to empower Jonathan as acting president.

Mitee told the News Agency of Nigeria (NAN) in Port Harcourt yesterday that the decision had shown that democracy was working in the country.

"I think the Senate's decision was long over due. I wonder why it took so long to take this decision," he said.

Mitee called on Nigerians to support the acting president in his new capacity to move the nation forward.

The Governors' Forum led by Governor Bukola Saraki of Kwara State, who stormed the Senate yesterday in droves congratulated the lawmakers saying that what they had done was historic and in line with their position.

Saraki who spoke for the governors, said that there was little for them to add only to congratulate the Senators for "doing us and the country proud. It was a good resolution you have passed, it is a historic day for Nigeria".

Responding, the Senate President, said the meeting with the governors was unique adding that for the first time, the senators and the governors would seat together ponder over issues of state.

"We thank you for standing by us, identifying with us throughout the challenging period. The action we took together was to save our democracy; it is to make it possible for the country to move forward. I urge all of us to support the acting president to discharge his functions", he said.

In the same vein the Secretary to the Government of the Federation (SGF), has said that the Federal Executive Council (FEC) remains committed to keeping the system running, saying it would back Jonathan as acting president.

The SGF stated that the Federal Government remains resolute in the desire to respect democratic governance and the constitution of the country. Ahmed said while receiving Ambassador Johnnie Carson, the US Assistant Secretary of State for African Affairs in his office in Abuja, yesterday that the Federal Government, "Will keep the integrity and the values of democracy in the country."