Washington, DC — Secretary to the Government of Federation, Alhaji Ahmed Yayale, has explained why the Executive Council of the Federation (EXCOF) did not invoke Section 144 of the constitution to declare ailing President Umaru Musa Yar'Adua incapacitated and remove him from office.

He said it was borne out of "deep sense of responsibility, concern and sympathy", and the resolve not to "give more pain or injury to the personality of the president, to the dignity of the president and his immediate family".

Addressing a World Press Conference at the National Press Club, Washington DC, USA yesterday, Yayale, who is also a member of EXCOF, described the leadership crisis that trailed Yar'Adua's illness as Nigeria's "most trying period".

Responding to a question from THISDAY on the speculations that the newly inaugurated EXCOF may declare President Yar'Adua incapacitated, Yayale said: "Possibilities are possibilities and you don't throw out any possibility. The most important thing as far as the president's health is concerned is the way we are managing it. Managing it with deep sense of responsibility, concern and sympathy, so that any action that the Nigerian government does take, of course it is his own government, does not give more pain or injury to the personality of the president, to the dignity of the president and his immediate family.

"Therefore, in any given situation or circumstances, it demands that you conduct yourself in a very responsible manner and since government work is moving on, we do not think we should divert our attention on something which will not make any difference on how we resolve as a nation to move forward."

Delving into the political uncertainty that enveloped the nation because of President Yar'Adua's health, Yayale said: "We have also recently witnessed from the political angle, certain challenges following the unfortunate illness of our President, Umaru Yar'Adua. Our constitution made provision on how to deal with that. But the constitution, however perfect, may not have the solution to all our problems. In case our president falls sick, Section 145 requires him to transmit to the National Assembly, before going on holiday that he will not be able to perform before this or that time. When the transmission is effected, it means that the Vice President will act as president.

"The constitution did not envisage a situation whereby the governor or the president will undertake a state visit, or say our president going to Ghana for example, and then falls sick or even in coma. No section takes care of that and no way would a president in that kind of position be able to transmit a letter. So what do you do? And no doctor would certify that the president will not come back. So do you stay till the next six months until the President revives or what do you do? Can anybody transmit on his behalf? These are some of the issues that the constitution cannot really give answer to.

"That is why in the wisdom of the National Assembly, they sat and passed a resolution that in the absence of the President transmitting physically, the vice president should assume responsibility and applied the doctrine of necessity which saved the country from this leadership tussle."

While nothing that there had been divergent views on this, he said: "I want to assure you that Nigerians, as responsible citizens, committed and patriotic, are very obvious of the need to sustain this fledgling democracy. That is why 100 per cent support was given to the resolution of the National Assembly. We are not yet out of the woods, but I want to assure you that nothing will distract us to cast doubts about our resilience to move the nation forward."

He noted that Nigeria has its own challenges which the Nigerian society, government and people are so much worried about, because they believe that Nigeria should survive and take its natural place as a leader, not only in the West Africa sub-region, but on the Afican continent.

He said: "These challenges include, but not limited to fight against corruption, ensuring that we have credible election, ethnic violence, religious intolerance, and of course, the utilisation and application of resources."

He, however, said Nigeria appreciates the support and understanding of United States "in this our most trying period".