Lawmakers made Vice President Goodluck Jonathan acting President on Tuesday. It was official, finally. But the action quickly concentrated the minds of lawyers, and the Action Congress (AC), who dismissed it as illegal and unconstitutional.

Former Senate President, Ken Nnamani, advised Jonathan to seek legal advice before acting on the decision.

However, the Federal Executive Council (FEC) and the Nigeria Governors' Forum (NGF) expressed support for it.

South South Governors visited the Villa on Tuesday night to press home their own backing.

Jonathan accepted the mandate and declared that there is no victor and no vanquished in the matter.

He assured in a broadcast on Tuesday night that he would more robustly tackle corruption and appealed to stakeholders in the Niger Delta to exercise patience as the administration implements all agreements reached.

He commended all the other political actors and national leaders, particularly members of the Eminent Elders Group (EEG), Governors, civil society organisations, the media, and indeed all Nigerians, for their contributions and counsel.

"Our security services also deserve our special commendation for their loyalty and devotion to duty during this trying period," he added.

"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.

"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."

Jonathan promised that the government will consolidate the gains of amnesty in the Niger Delta and execute the post-amnesty programme.

"Our commitment to ensuring the security of lives and property in all parts of the country will also be pursued with renewed zeal.

"On a personal note, I am deeply humbled and honoured by this great call to duty. I am fully aware of the responsibilities reposed in me, and I want to reassure all Nigerians that this is a sacred trust, which I shall discharge to my fullest abilities."

Both the Senate and the House of Representatives made the resolution even though President Umaru Yar'Adua has not transferred power to Jonathan in compliance with Section 145 of the Constitution.

There are fears, nonetheless, that some members of Yar'Adua's kitchen cabinet may head to court to challenge the resolution of the National Assembly (NASS).

Today, the Senate would adopt its votes and proceedings of Tuesday, after which the Clerk of the Senate would transmit a letter to the NASS Clerk who would then transmit the Senate resolution to Jonathan.

The resolution of the Upper House empowering Jonathan was based on a "doctrine of necessity" and Yar'Adua's interview on the British Broadcasting Corporation (BBC) on January 12.

Daily Independent reported on Tuesday that the Senate had agreed to act based on Yar'Adua's BBC interview, which is taken as a transmission that he is on medical vacation.

The Chamber reiterated that a written declaration was no longer necessary.

At Tuesday's meeting with the 36 Governors, led by their Chairman, Bukola Saraki of Kwara State, Senate President David Mark pleaded for understanding on the amendment of Section 145.

Mark informed them that the Senate has seen the need to quickly amend Section 145 as a single amendment in the Constitution review, and urged the Governors to help speed up the amendment in state Houses of Assembly.

Legislative backing for Jonathan came with an overwhelming "aye" vote at plenary, which lasted less than an hour. Senators had earlier met in camera.

The Senate declared that Jonathan "shall henceforth discharge the functions of the office of the President, Commander-in-Chief of the Federal Republic of Nigeria as Acting President."

But he would cease "to discharge the functions of the office of the President" when Yar'Adua "transmits to the President of the Senate and the Speaker of the House of Representatives in writing that he has returned from his medical vacation."

The Senate had in a resolution on January 12 urged him to formally write to the NASS on his medical vacation. He died not comply.

The motion which led to the transfer of power to Jonathan was tabled by Senate Leader Teslim Folarin.

Deputy Minority Leader, Olorunnimbe Mamora, concurred with Folarin.

He explained that the Senate took cognisance of the intervention of Nobel Laureate Wole Soyinka, the Eminent Elders Group (EEG), the Conference of Speakers, the NGF, Labour, and others.

Vice Chairman of the Drugs, Narcotics and Financial Crimes Committee, Dahiru Kuta, described the resolution as a "triumph for the Constitution, a triumph for the rule of law."

Land Transport Committee Chairman, Garba Lado, was the only dissenting voice in the Chamber.

He raised an objection that the Senate cannot resolve to make Jonathan acting President based solely on the BBC interview.

Mark brushed aside his objection and ruled him out of order.

Sensing the mood across the lobby in the Senate, the leadership of the House of Representatives toed the Senate's action.

House Spokesman, Eseme Eyiboh, rushed to the Senate wing to collect a copy of the motion moved by Folarin.

The House resolved that, "For peace, order, and good governance of the federation, and consistent with the judgment of the courts, (Jonathan) shall assume all the executive powers of the President, pending the return of (Yar'Adua).

Back in the Senate, Mark praised his colleagues for taking the step to save the nation from the precipice, adding that the Chamber took the right decision which was not envisaged in the Constitution.

Governors present at the meeting with the Senators on Tuesday included Godswill Akpabio (Akwa Ibom), Gbenga Daniel (Ogun), Ibrahim Shema (Katsina), Timipriye Sylva (Bayelsa), Adams Oshiomhole (Edo), Mohammad Danjuma Goje (Gombe), Idris Ibrahim (Kogi), and Babangida Aliyu (Niger).

Others included Gabriel Suswam (Benue), Isa Yuguda (Bauchi), Jonah Jang (Plateau), Adebayo Alao Akala (Oyo), Olagunsoye Oyinlola (Osun), Akwei Doma (Nassarawa), Theodore Orji (Abia), Peter Obi (Anambra),and Rotimi Amaechi (Rivers).

They also included Emmanuel Uduaghan (Delta), and Segun Oni (Ekiti), Magatarkarda Wammako (Sokoto), Liyel Imoke (Cross River), Murtala Nyako (Adamawa), Jonah Jang (Plateau), Danbaba Suntai (Taraba), Sullivan Chime (Enugu), Martins Elechi (Ebonyi), and Namadi Sambo (Kaduna).

Mark maintained that Yar'Adua "will automatically resume office as President and Commander-in-Chief" once he is well enough and returns to the country and informs us accordingly, pursuant to Section 145.

He said the Senate shall henceforth receive and accept communication from Jonathan as acting President, in accordance with the Constitution.

"The fact that we have resolved the logjam democratically is a measure of the depth that democracy has attained in our polity. This is not the time for winners and losers, but the time to remain united as a people because as a nation, our voyage is on the same tide and we cannot afford a drift," he added.

In the Lower House, nonetheless, the resolution making Jonathan as acting President came with some uproar, as some members described it as "political" and a "mere doctrine of necessity," and threatened to fall back on the impeachment clause in Section 143 of the Constitution.

Some legislators warned that some Nigerians would take legal action on the resolution.

Femi Gbajabiamila (AC, Lagos) told reporters that the House only devised "a political solution to get out of the political logjam we have all found ourselves. It is a doctrine of necessity that we adopted. If what we have agreed to is not obeyed, then we will fall back at Section 143 of the Constitution."

Ogbuefi Ozomgbachi (PDP, Enugu) countered that the House did what it deems necessary in the face of the current political situation, stressing that the NASS spoke up rather than watch the country derail.

Saraki said he and his fellow Governors are elated at the resolution.

"We are here to congratulate you on behalf of Nigerians for the bold action you have taken. We are proud of you and believe that definitely the democracy of our country has matured.

"We are here to say thank you. Thank you for what you have done," he stated.

Bankole blamed lawyers who "have been trying to confuse us, but however, what we have done today is in accordance with the wish of the Nigerian people."

From Lagos, Nigerian Bar Association (NBA) President, Oluwarotimi Akeredolu, riposted that Jonathan does not require a Senate resolution to act as President, and the decision violates the Constitution.

His words: "The BBC interview is not a declaration to them in law. To me the premise on which they based their argument is very wrong. It is not within the law.

"(Jonathan) does not need a resolution to act as President. All that is needed is a declaration from (Yar'Adua) to the Senate to say that he would not be able to perform his duties and that (Jonathan) should act.

"But since (Yar'Adua) has not done that, (Jonathan) does not need a resolution to act as President. I do not think what they have done is in compliance with the Constitution; they are not on a strong leg, legally speaking."

Former Senate President, Ken Nnamani, asked Jonathan to consult his lawyers to determine the legality of the resolution.

However, human rights lawyer, Festus Keyamo, did not mince words in declaring that the action "is extremely shameful, unconstitutional and unacceptable. The Senate has no such powers."

Nnamani stressed that, "The most appropriate thing to do is in Section 144. Let the (FEC) write the Senate intimating it on the health of (Yar'Adua) and then (Mark) will appoint a medical team including the President's personal physician to know his health situation.

"(Nonetheless), I cannot describe the action of the Senate as unconstitutional as it is only the courts that can do that."

AC National Publicity Secretary, Lai Mohammed, described the resolution as the height of illegality, and dismissed the argument that it was based on the doctrine of necessity, saying the lawmakers were not guided by law, the Constitution or convention.

"Section 145 of the Constitution is very clear on how a Vice President can act as President. The Senate cannot empower (Jonathan) to act as President by resolution. What has happened today has taken Nigeria closer to the abyss, instead of bringing it back from the brink. All hell has broken loose!" Mohammed warned.

"(Jonathan) should take wise counsel and keep to the law. He should see this Senate resolution as nothing but a Greek Gift designed to do him in."

Even with that, the Secretary to the Government of the Federation (SGF), Yayale Ahmed, said the government remains committed to the ideals of Constitution and that the FEC supports the resolution making Jonathan acting President.

He made the affirmation in a statement issued by his Deputy Director (Information), Salisu Dambatta.

Backing also came for Jonathan from South South Governors.

A team which included Uduaghan, Sylva, and Imoke visited him at the Villa on Tuesday night to express the support.

"Nigeria has again triumphed and that is the way it should be," Sylva told journalists.

"There cannot be an absolute solution. This in the circumstance is the solution that suits the best interest of Nigeria and we all must hold Nigeria first in the national interest. We must be ingenious enough to find a way out of the problem."

Imoke explained that it was in a bid to address the stability of the nation and ensure democratic government that the NASS looked at the doctrine of necessity.

"The Governors are particularly pleased with the (NASS). For the first time, both arms have come together to speak with one voice and collectively appreciate the need for us to move the nation forward.

"They did that through a process that was not just acceptable by people who are elected but also by the electorate. At the end of the day, the most important thing is that representation."

By Adetutu Folasade-Koyi, Chesa Chesa, Innocent Oweh, Otei Oham, Daniel Kanu, Wale Igbintade, Tunde Opeseitan and Francis Iwuchukw