Our President UMARU MUSA YAR'ADUA is sick. He is been diagnosed in a Saudi Hospital with an acute heart condition. The ailment is called 'acute pericarditis'.
In 2007, when the campaign train of the ruling People Democratic Party was going on in Nigeria for the election that same year, the Presidential flagbearer who is now the President was flown urgently to Germany for medical attention. It was the then President Obasanjo that was campaigning for Yar'adua throughout the period. Six months after he 'won' the election and was sworn in as the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, he sought medical attention again in Germany while attending the G-8 Conference. In 2008, a scheduled trip to Brazil was cancelled because his health failed and he had to undergo an urgent medical treatment in Saudi Arabia. He was away for two weeks.
Now, the President is in Saudi Arabia once again for 'inflammatory condition of the covering of the heart'. So far, he has made five trips abroad since 2007. This time around, it seems he may be gone longer than the other times. We wish him quick recovery after the surgery but what about the governance of this nation. Does the Constitution of Nigeria permit the President to be away for weeks without an acting President?
1999 Constitution Section 145
'Whenever the President transmits to the President of the Senate and the Speaker of the House of Representativea a written declaration that he is proceeding on vacation or that he is otherwise unable to discharge the functions of his office, until he transmit to them a written declaration to the contrary such functions shall be discharged by the vice-President as Acting President'.
In view of the above, the President did not 'transmit' any written declaration so the Vice President cannot act so what happens to governance as he's away on medical ground? Rickey Tarfa says it is a constitutional issue meaning only his personal physician that can certify the President unfit to govern thereby allowing the Vice to act. To him, Yar Adua being away does not mean an end to governance as he can governed Nigeria from any where. That is the same opinion of Attorney-General of the Federation and Minister of Justice, Mr. Michael Aondoakaa.
Most lawyers faulted the statement and declared it is an attempt to trample the constitution of the country. Prof. Itse Sagay says the Vice President takes over whenever the President is not around because anything contrary to this will bring governance and the entire economy to a standstill.
For Mr. Fred Agbaje, Section 145 of the Constitution is clear on what the President should do if he is going away for vacation or any other leave. The only issue about that section is the duration that the Vice President should act. To him, a serious minded President should not be away for more than two weeks. We are all human and any one can fall ill so the President going away longer on health ground is allowed. But what happened to governance? Who signs the year 2010 budget now that the two houses have passed it?
When will our president come back to Nigeria? We are all praying because the Bible commands us to pray for our leaders. In the meantime who attends to the urgent state matters like electricity, economy, Niger Delta issues and the recently disarmed Militants?
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