Goodluck Jonathan is Now Nigeria’s Acting President
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The Senate in a unanimous voice vote on Tuesday passed a resolution directing Vice President Goodluck Ebele Jonathan to henceforth discharge the functions of the office of the President, Commander-in-Chief of the Federal Republic of Nigeria as Acting President. In this wise, Vice President Jonathan is expected to formally assume office as Acting President and Commander-in-Chief of the Armed Forces from today after the adoption of votes and proceedings of the Senate after which it would be transmitted to the Presidency for immediate implementation.
The upper chamber of the National Assembly equally resolved that the Vice President shall, however, cease to discharge the functions of the office of the President when the President pursuant to Section 145 of the Constitution transmits to the President of the Senate and Speaker of the House of the Representatives in writing that he has returned from his medical vacation.
The resolution, which was predicated upon decisions reached at a brief closed-door meeting of the upper chamber and followed by a motion moved by the Senate Majority Leader, Teslim Folarin, in which he said the President of the Senate and Speaker of the House of Representatives read the President’s declaration transmitted through the BBC and further published in several print media.
Accordingly, the Senate said that it was satisfied that section 145 of the Constitution had been complied with by the said declaration in the interest of the nation.
In the motion, Senator Folarin stated; “Notes that on the 12th of January 2010, His Excellency, President Umaru Musa Yar’Adua, GCFR, transmitted to the whole world through the British Broadcasting Corporation (BBC), a declaration that he is receiving medical treatment in Saudi Arabia and consequently will be unable to discharge the functions of his office until his doctors certify him fit to return to Nigeria to assume duties.
“Notes that the President, Commander-in-Chief of the Federal Republic of Nigeria, His Excellency, Alhaji Umaru Musa Yar’Adua, GCFR, left Nigeria for medical attention in the Kingdom of Saudi Arabia on the 23rd of November, 2009.
“Notes that the entire country, particularly the Senate, prayed for his quick recovery and expected his early return from the said medical vacation.”
As soon as the Senate Leader moved his motion, Senator Garba Lado (PDP Katsina South) raised a point of Constitutional Order, citing Section 145 and arguing that the spirit of the Constitution talked on transmitting a letter to the President of the Senate and Speaker of the House of Representatives and not through a radio broadcast or by any other means.
Lado, who is the Senator representing President Yar’Adua constituency, further said that it was on record that some Senators doubted the voice of the President when he spoke on the BBC. He thus urged the Senate not to be allowed to be carried away by sentiments, but should be guided by the law.
According to Lado, “The Senate should not be carried away by sentiments on this very important matter. I know that there have been serious and series of discussions on this matter, but we must be guided by the law and not otherwise.”
Ruling on Senator Lado’s Point of Order. the President of the Senate, David Mark, said that he took time to listen to him for several reasons principally among which was the fact that he was the Senator representing President Yar’Adua.
Senator Mark, therefore, said the spirit of the Constitution, which states ‘whenever’ could be interpreted to mean when transmit such a message adding that, “if you go to the net in modern day of internet and technology, you will find the transcription of his BBC interview there.”
According to Mark, “Senator Lado even though you are my very good friend and I really like you, I don’t have an option but to rule you out of order.”
As soon as the Senate President ruled Senator Lado out of order, the Deputy Senate President, Ike Ekweremadu, rose to second the motion moved by Folarin, saying that Senators found themselves in very difficult times, adding, however, that he was happy that the Senate was trying to find a way out through the Constitution.
Senator Ekweremadu explained that Section 145 did not say that the letter should be signed, adding that given modern information technology and internet facilities now available, it was easy to access information like the BBC interview of President Yar’Adua.
In his reaction, Senate Deputy Minority Leader Adeleke Mamora noted that if anybody said that there was no vacuum in the Presidency, that person did not know what he was saying. “If there’s no power vacuum, what about the post-amnesty programme?,” he asked rhetorically.
Senator Mamora, who explained the difference between the resolution passed by the Senate and the House of Representatives, urged Nigerians not to confuse executive powers with presidential powers, saying that all presidential powers were executive power but not all executive powers were presidential powers.
According to Senator Mamora, “executive powers are delegative, but presidential powers cannot be delegated.”
Also speaking, Senate Committee Vice Chairman on Drugs, Narcotics and Financial Crimes Committee, Dahiru Awaisu Kuta, described the resolution of the Senate as a “triumph for the Constitution and the rule of law.”
In her contribution during the amendment of the prayer for the motion, Senator Joy Emodi said the second prayers should read: “The Vice President shall cease to discharge the functions of the office of President when the President pursuant to Section 145 of the Constitution of the Federal Republic of Nigeria 1999 transmits to the President of the Senate and Speaker of the House of Representatives in writing that he has returned from his medical vacation and capable to carry out the function of the office.”
When the prayers were put to voice vote, they were unanimously carried without dissent.
However, immediately the Senate passed its resolution, the Chairman of the House of Representatives Committee on Business and Rules Hon. Ita Enang and his counter-part in the Committee on Media, Hon. Esien Eyibooh quickly ran to the Senate Press Center to obtain a copy of the Senate resolution which they took to the House that was still in closed session.
It was revealed that it was the resolution of the Senate that eventually guided the House in arriving at its own resolution that was hitherto being prevented by the Speaker from being tabled as a motion which led to a shouting match and sharp division.
Before Senate’s resolution which was very definitive, Senators on Monday night met at the residence of the President of the Senate. It was there the lawmakers fine-turned the motion that finally nailed President Yar’Adua following his failure to transmit a formal letter to the Senate which had two weeks ago passed a resolution urging him to transmit his medical vacation letter to it.
Daily Sun gathered that the Senators that met on Monday night agreed to solve the Constitutional quagmire created by the absence of the ailing President using political solution following the pressure from prominent and eminent Nigerians.
source: sunnewsonline.com
Filed Under: Featured • Information Nigeria • Nigeria Politics • Political News
