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Yar'Adua - Court Orders V-P to Take Charge
Mebrim Uchechukwu
14 January 2010
Abuja — Federal High Court, sitting in Abuja yesterday, ordered Vice President Goodluck Jonathan to start exercising the powers of the office of President pending the recovery and return to office of President Umaru Yar'Adua.
In a ruling delivered by Justice Daniel Abutu, the court observed that President Yar'Adua did not remit any letter to the National Assembly informing it that his vice should exercise his duties pending his return from Saudi Arabia where he has been undergoing medical treatment.
The court also noted that the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Michael Aondoakaa, did not argue the issue of locus which was raised in his written address in response to the plaintiff's originating summons dated the January 7, 2010.
Based on this, the court held that the issue of locus has been abandoned even as it cited the case of Asari v Federal Republic of Nigeria and Attorney General of Anambra State v Okeke to support his position.
The defendants in the suit were the Attorney General of the Federation (AGF) and the Federal Executive Council.
A lawyer, Christopher Onwuekwe, had in suit number: FHC/ABJ/CS/2010 via an originating summons asked the court for a declaration that in the absence of the President following his ill-health and in view of sections 5 (1) and 148 (1), of the 1999 constitution, the Vice President can exercise the powers vested in the President in his absence.
The suit with a 13 paragraph affidavit sworn to by the plaintiff, noted that President Yar'Adua travelled to Saudi Arabia since November 23, 2009 for medical treatment and has not retuned.
Against this backdrop, the plaintiff specifically asked the court for the following reliefs;
"A declaration that the Vice-President can lawfully discharge any or all the functions of the President in the absence of the president in the interest of peace, order and good governance of the federation pending when the president resumes and takes over".
The plaintiff stated that the present scenario was an indication that there was no head of government and such a situation "has led to major crisis capable of threatening the corporate existence and stability of the Federal Republic of Nigeria."
He said with this, the Vice President can sign any bill or any papers which the president can sign.
Last Tuesday, Aondoakaa appeared in court and led other lawyers in the ministry including the director of Civil Litigation in his office, Mrs. Agatha Mbamali who handled the matter for the ministry.
Aondoakaa, in his written address said it was mischievous for the plaintiff to claim that President Yar'Adua is temporarily incapable of performing the functions of his office, saying the plaintiff lacked the constitutional capacity and competence to do so.
"We submit that the only body which may pronounce on the capacity of the president to discharge his functions is the federal executive council as set up in section 144 of the 1999 constitution of the Federal Republic of Nigeria," he said.
He told the court that the "plaintiff's affidavit discloses no specific allegation or any infringement or anticipated infringement on his right or a personal injury emanating from the defendant's action."
Counsel to the plaintiff, Amobi Nzelu had told the court that in the present circumstances where the President had not written any letter to the Senate and the House of Representatives informing them that his Vice should oversee the affairs of the state pending his return, the way to resolve the matter would be for the court to make an order empowering Goodluck Jonathan to exercise the powers of Yar'Adua pending his return to office.
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