MISSING PRESIDENTSection 145 of the1999 Constitution:
“Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives a written declaration that he is proceeding on vacation or that he is otherwise unable to discharge the functions of his office, until he transmits to them a written declaration to the contrary such functions shall be discharged by the Vice-President as Acting President.”
When traveling in January, Gen Muhammadu Buhari PERSONALLY transmitted a letter to the National Assembly, notifying them of a SPECIFIC TEN DAYS VACATION, which ended on February 6, 2017. This letter was duly read and became part and parcel of the Votes and Proceedings of the National Assembly.
The president did not return on February 6 as he promised but he has purportedly taken an extended vacation, on ground of ill health, through a letter that was said to have been transmitted to the National Assembly. That “letter” has not been seen by anyone, in order to determine its authenticity and its real author.
The “letter” has not been READ ON THE FLOORS of either Chambers of the National Assembly, to make it part of its Votes and Proceedings. In effect, the legal capacity of Professor Yemi Osinbajo, SAN, ends midnight February 6, 2017.
Somehow, as if acting out a clever script, the Senate had hurriedly adjourned its sitting to February 24, ever before the “letter” for an extended vacation arrived. So legally, the “letter” is cooling somewhere in the National Assembly, just another letter, without any force of law. A letter transmitted to the National Assembly MUST BE READ at the plenary session to become binding.
So, by February 7, 2017, there will be no President or Acting President.
Prof. Yemi Osinbajo, SAN, is from the Southern part of Nigeria.
MISSING CHIEF JUSTICE
Section 231(5) of 1999 Constitution: “(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appoint a person whose appointment has lapsed.”
On November 9, 2016, the Hon Justice Mahmoud Mohammed, CJN, retired as the Chief Justice of Nigeria. The National Judicial Council recommended but the President ignored the choice of Hon. Justice Walter Onnoghen, JSC, as Chief Justice of Nigeria, but proceeded to swear him in Acting capacity for three months. Until he traveled for his ten-day vacation, the President did not forward the nomination of Hon. Justice Walter Onnoghen to the Senate, for confirmation as substantive Chief Justice of Nigeria. Up until the time that the tenure of the Acting President expired, he did not forward the name and so he cannot do so after tonight.
The tenure of the Acting CJN will lapse on February 10, 2017. As of this night (February 6) the NJC had not met to consider recommending Hon. Justice Onnoghen for renewal as Acting CJN. The NJC cannot do this after February 6, 2017, as there will be no President or Acting President, to receive such recommendation.
Hon. Justice Onnoghen is from the Southern part of Nigeria.
MISSING SENATE
The President of the Senate is facing multiple trials, bordering on failure to declare his assets. If he is convicted, he would have to step down as Senate President.
NOW THE KNOTTY QUESTIONS:
1. So where are we?
2. Has the Nigerian nation failed?
3. Are we being tricked or taken for a ride by some people?
4. How come the sudden adjournment of the Senate?
5. Was somebody aware prior to today (February 6) that the president will not arrive today (February 6)?
6. Is this all a game? If so, who are the players and who are the spectators?
7. Who signed the letter for extended vacation?
8. In the absence of a substantive Chief Justice of Nigeria, what is the fate of the judiciary?
9. Who is in charge of the affairs in Nigeria presently?
10. Must we all sit down and tolerate all these nonsense?
You may add your own questions and keep adding them until we get the answers.
Nigeria we hail thee!
Ebun Adegboruwa is a Lagos based Lawyer and activist
What did the philosopher George Santayanna say about humans and history?.To those of us who might have for gotten, this is what Santaynna said..to those who will not learn from HISTORY ARE DOOMED TO REPEAT IT”
Remember how the late President Yar Adua’s body was finally brought home? I hope sai Baba comes back alive and well..if not , the CABAL ARE UP TO THEIR GAMES AGAIN.they will not stop this dirty inhuman games long as it works for them.They put Brother Jonah through hell before finally caving in. As for me, all am asking is for us to GO REGIONAL and all these B.S will begone, yakare,sikena. I don tire for yeye NATION!! OTITO, OZUGO!!
SOME personal views:
1.Nigerians are in a state of reliving the incompetences of yester-years when’anything goes’
2. There has to be a measurable level of success to determine failure.As it is, the majority of those charged with running the nation’s affairs seem not to get their bearings, let alone, have a direction. They are allover the place and working at cross purposes like ‘ants in a molehill’. Thus, many of them would have failed their assigned probationary term.Even the so-called technocrats seem to be in place based on political connections.
3. Of course, many Nigerians see trickery as their ‘forte’, just as we know that politics is mostly based on manipulation, deception and failed promises. Historically, Nigeria has not come out of the woods of lies and untruths because of how they arrived at the corridors of power.
4.Is there any knowledgeable Nigerian to answer this? A lack of openness and transparency will not yield such answer. This where lack of accountability is poignant. One can allude same to the president’s state of health/absence.
5.The President, according to the Acting President, had 30 days official vacation from 2016 of which he used about 10 days. With 2017 comes another 30 days. This is not the cause or case, the mis/dis-information is what rattles the thoughtful individual, which takes me to:
6. Ineptitude plays a great part in what we are witnessing today, with the desire for a stronghold on power driving many undeserving ‘leaders’ to play their cards to their danshiki/baban-riga/suits/agbada etc, chest. So it’s a game-play but one played on an uneven playing field and non-inclusive. I watch TV and see the make-up and posture of many so-called leaders:eloquence, fluency, confidence, knowledge-based articulation – often, I ‘kill’ the channel. The demonstrable arrogance is incongruous to the erudition.
7. Nigeria’s a Republic, so the answer must be coded or claused in the constitution. Ask the Acting President or Senate President, the 2nd and 3rd citizens.
8.The judiciary’s fabric is already torn – now to be mended. Who will be the tailor? With ethnicist and tribalist clamouring for high positions, care needs to be taken to avoid a situation where decision taken does not bite Nigeria back as a nation – we all know what the repercussions could be.
9.Openly, and I mean officially, the Acting President is in charge of affairs in Nigeria. How well this is consolidated and modulated is yet another dimension, having noted the speculation (which has been discredited by him) that there is pressure on him to resign. BUT WHY? in the name of all that is good for Nigeria. Who the cap fits….
10.A posit for posterity. It’s only a matter of time when those with more determination that 2face or Charley-boy will take not just to the streets but dwellings of pariahs we call leaders. No, Nigerians will not, must not sit silently and watch inept and untenable individuals continue to take away our national heritage that is Nigeria. Time will tell……something drastically positive will happen, very soon.
Well written, my namesake. These are very pertinent questions many should ask but don’t. A case of ‘who bells the cat’? Other questions will be asked to proffer solutions to a catalogue of ambiguities and inactions.