NIGERIA’s President, Muhammadu Buhari has spent more
than 90 days in London over ill-health after transmitting notice of
vacation, in compliance to Section 145 of the 1999 Constitution of
the Federal Republic of Nigeria, as amended, to the National
Assembly. Accordingly, the Vice President, Professor Yemi Osinbajo
stepped into the shoes on acting capacity. So far, the acting
President has demonstrated his intellects and capabilities with
outstanding results; breaking barriers, spearheading economic
policies, penetrating hitherto no go-areas especially parleying
with the Niger-Delta militants, avengers, among
others.
To ascertain the health condition of the President, Dr. Bukola
Saraki; Senate President alongside Speaker of the House of the
Representatives, Yakubu Dogara, and the acting President
respectively visited Buhari at the London Hospital for a first-hand
information. Shortly, afterwards, a delegation of his ruling party;
All Progressive Congress, APC joined the train, and finally,
governors-delegates from the opposition, Peoples Democratic Party,
PDP concluded the exercise. From their respective reports, without
a doubt, President Buhari is recuperating speedily and willing to
resume duties as soon as possible. Incidentally, his high hopes of
leaving the shores of United Kingdom remains at the mercies of his
physicians.
On account of the prolonged vacation, some either by omission or
commission infuriatingly demanded for Buhari’s resignation twisting
Section 146 CFRN. They flimsily argued that the vacation is
tantamount to vacancy in the office of the President, and again,
opined that prolonged ailment amounts to permanent incapacity.
Unfortunately, that’s blunders, misconception of the laws.
The provisions aren’t ambiguous. There are detailed
procedures to arrive at permanent incapacity. Nevertheless, the
controversy coincidentally pointed out a salient lacuna in the
constitution that a president or governors, presently can embark on
indefinite vacation without violating any laws by mere transmission
to the appropriate quarters.
However, the three months dateline relied upon by the protesters
is only indicated in Section 146(2) supra, and exclusively
applicable in a situation offices of the President and Vice
President are concurrently vacant by circumstances listed in
Section 146 (1) CFRN. In such a scenario, the Senate President
shall temporarily hold the office of the President not exceeding 90
days for a presidential election. It is therefore imperative
to note that Buhari at the moment, impliedly stepped-aside as
President of Nigeria which resulted to the office of the acting
President now in existence. Thus, Buhari is constitutionally not
liable. Until he retransmits his resumption to the National
Assembly, he lacks powers to even perform the duties of Nigeria’s
President despite active pecuniary entitlements. The acting
President is presently in full control of governance and
constitutionally empowered to exercise all the functions designated
for the President. If not the amiable relationship between the duo,
Professor Osinbajo is not under any constitutional duty to relay
his decisions to the President talk less of seeking approval. In
fact, any documents assented to by the acting president stand in
same position as if the substantive president signed them until
retransmission takes effect.
The self-indulgent protests and worries would have been
meaningful if directed to any unfriendly policies. Admittedly,
protests and criticisms are democratic norms, and commonplace
desiderata in civilized societies for checkmating excesses in
government. Nonetheless, the gang-protesters be it
politically-sponsored or otherwise would have earned sizeable
accolades had they demonstrated against issues of premium values
rather than hullabaloos over ailing fellow citizen-president.
Perhaps, against foreign medical trips for all public
officeholders. Ditto if targeted at monumental aberrations in the
polity, for example, the jumbo allowances in the National Assembly
at the detriment of the travailing masses. The protests would have
also made sense if directed at some recent court judgments on
corruption cases which surprisingly, hastily discharged and
acquitted privileged citizens arraigned for looting billions of
local and foreign currencies while poor citizens arraigned for
stealing as little as a goat, petty and even necessaries are
convicted; languishing in various prisons across the nation. Some
on awaiting trial lists for years.
Obviously, criticisms are conventionally anchored on principles.
A situation where people embark on meaningless protests out of
naivety or pecuniary interests is unfortunate. As reported, a
notable artiste collapsed allegedly on account of tear-gas from the
Police. What a misadventure and misappropriation of time! A public
officeholder including occupant of the office of the President, who
duly obtained authorization to proceed on vacation is irrefutably
free to be off-duty post, and therefore not liable to any official
matters. The finest offer citizens owe President Buhari presently
is prayers and encouragements. All issues pertaining to governance
of the country at the moment are on Prof Osinbajo’s shoulders.
Interestingly, the learned professor is evidently up and doing, and
performs energetically. This should be the consolations to
Nigerians; that the acting president splendidly bridged the gap.
Osinbajo also earned a distinction by prioritizing national
interests; concentrating on the enormous challenges facing the
nation instead of playing politics with detractors as most
politicians would have done if in his shoes. This remarkably speaks
volume of his credibility, maturity and patriotism.
Overall, Buhari cannot be Nigeria’s President eternally but his
citizenship is beyond lifetime. Thus, to accord him reverences at
least as a fellow citizen is vital. How many have asked any head of
organization to resign on account of medical vacation? Certainly,
if it becomes inevitable to continue in office on account of
ill-health which we don’t expect, opportunity to throw in towel
will present itself naturally. But for now, for affection sake,
inspiring remarks for his quick recovery is the suitable offer to
him. Regrettably, the protesters unconsciously portrayed the nation
before the international community as brutal, senseless and callous
people. Politics is essentially distinct from nuisance, animosity
and personal attacks, but policies and issues-based. President
Buhari is just an individual. In other words, the position he
occupies belongs to his party, APC and resignation cannot still
transfer his mandate to another political party except by another
election. Until then, live and let live!
Umegboro is a public affairs
analyst.
NIGERIA’s President, Muhammadu Buhari has spent more
than 90 days in London over ill-health after transmitting notice of
vacation, in compliance to Section 145 of the 1999 Constitution of
the Federal Republic of Nigeria, as amended, to the National
Assembly. Accordingly, the Vice President, Professor Yemi Osinbajo
stepped into the shoes on acting capacity. So far, the acting
President has demonstrated his intellects and capabilities with
outstanding results; breaking barriers, spearheading economic
policies, penetrating hitherto no go-areas especially parleying
with the Niger-Delta militants, avengers, among others.
To ascertain the health condition of the President, Dr. Bukola
Saraki; Senate President alongside Speaker of the House of the
Representatives, Yakubu Dogara, and the acting President
respectively visited Buhari at the London Hospital for a first-hand
information. Shortly, afterwards, a delegation of his ruling party;
All Progressive Congress, APC joined the train, and finally,
governors-delegates from the opposition, Peoples Democratic Party,
PDP concluded the exercise. From their respective reports, without
a doubt, President Buhari is recuperating speedily and willing to
resume duties as soon as possible. Incidentally, his high hopes of
leaving the shores of United Kingdom remains at the mercies of his
physicians.
On account of the prolonged vacation, some either by omission or
commission infuriatingly demanded for Buhari’s resignation twisting
Section 146 CFRN. They flimsily argued that the vacation is
tantamount to vacancy in the office of the President, and again,
opined that prolonged ailment amounts to permanent incapacity.
Unfortunately, that’s blunders, misconception of the laws.
The provisions aren’t ambiguous. There are detailed
procedures to arrive at permanent incapacity. Nevertheless, the
controversy coincidentally pointed out a salient lacuna in the
constitution that a president or governors, presently can embark on
indefinite vacation without violating any laws by mere transmission
to the appropriate quarters.
However, the three months dateline relied upon by the protesters
is only indicated in Section 146(2) supra, and exclusively
applicable in a situation offices of the President and Vice
President are concurrently vacant by circumstances listed in
Section 146 (1) CFRN. In such a scenario, the Senate President
shall temporarily hold the office of the President not exceeding 90
days for a presidential election. It is therefore imperative
to note that Buhari at the moment, impliedly stepped-aside as
President of Nigeria which resulted to the office of the acting
President now in existence. Thus, Buhari is constitutionally not
liable. Until he retransmits his resumption to the National
Assembly, he lacks powers to even perform the duties of Nigeria’s
President despite active pecuniary entitlements. The acting
President is presently in full control of governance and
constitutionally empowered to exercise all the functions designated
for the President. If not the amiable relationship between the duo,
Professor Osinbajo is not under any constitutional duty to relay
his decisions to the President talk less of seeking approval. In
fact, any documents assented to by the acting president stand in
same position as if the substantive president signed them until
retransmission takes effect.
The self-indulgent protests and worries would have been
meaningful if directed to any unfriendly policies. Admittedly,
protests and criticisms are democratic norms, and commonplace
desiderata in civilized societies for checkmating excesses in
government. Nonetheless, the gang-protesters be it
politically-sponsored or otherwise would have earned sizeable
accolades had they demonstrated against issues of premium values
rather than hullabaloos over ailing fellow citizen-president.
Perhaps, against foreign medical trips for all public
officeholders. Ditto if targeted at monumental aberrations in the
polity, for example, the jumbo allowances in the National Assembly
at the detriment of the travailing masses. The protests would have
also made sense if directed at some recent court judgments on
corruption cases which surprisingly, hastily discharged and
acquitted privileged citizens arraigned for looting billions of
local and foreign currencies while poor citizens arraigned for
stealing as little as a goat, petty and even necessaries are
convicted; languishing in various prisons across the nation. Some
on awaiting trial lists for years.
Obviously, criticisms are conventionally anchored on principles.
A situation where people embark on meaningless protests out of
naivety or pecuniary interests is unfortunate. As reported, a
notable artiste collapsed allegedly on account of tear-gas from the
Police. What a misadventure and misappropriation of time! A public
officeholder including occupant of the office of the President, who
duly obtained authorization to proceed on vacation is irrefutably
free to be off-duty post, and therefore not liable to any official
matters. The finest offer citizens owe President Buhari presently
is prayers and encouragements. All issues pertaining to governance
of the country at the moment are on Prof Osinbajo’s shoulders.
Interestingly, the learned professor is evidently up and doing, and
performs energetically. This should be the consolations to
Nigerians; that the acting president splendidly bridged the gap.
Osinbajo also earned a distinction by prioritizing national
interests; concentrating on the enormous challenges facing the
nation instead of playing politics with detractors as most
politicians would have done if in his shoes. This remarkably speaks
volume of his credibility, maturity and patriotism.
Overall, Buhari cannot be Nigeria’s President eternally but his
citizenship is beyond lifetime. Thus, to accord him reverences at
least as a fellow citizen is vital. How many have asked any head of
organization to resign on account of medical vacation? Certainly,
if it becomes inevitable to continue in office on account of
ill-health which we don’t expect, opportunity to throw in towel
will present itself naturally. But for now, for affection sake,
inspiring remarks for his quick recovery is the suitable offer to
him. Regrettably, the protesters unconsciously portrayed the nation
before the international community as brutal, senseless and callous
people. Politics is essentially distinct from nuisance, animosity
and personal attacks, but policies and issues-based. President
Buhari is just an individual. In other words, the position he
occupies belongs to his party, APC and resignation cannot still
transfer his mandate to another political party except by another
election. Until then, live and let live!
Umegboro is a public affairs
analyst.
Read more https://www.nairalaw.com/buharis-vacation-and-the-protesting-populaces-by-carl-umegboro/