Why I didn’t hand over to Osinbajo when travelling in April —Buhari
http://www.hrlnews.com/2019/09/why-i-didnt-hand-over-to-osinbajo-when.html
President Muhammadu Buhari has said that he
decided not to hand over power to Vice President Yemi Osinbajo when he
travelled to the United Kingdom on a private visit from April 25 to May
5, 2019 because there was no constitutional requirement for him to do
so.
The President further stated that the only
time he needs to hand over to Osinbajo is when he is proceeding on leave
or going to be out of the country for more than 21 days.
President Muhammadu Buhari has said that he
decided not to hand over power to Vice President Yemi Osinbajo when he
travelled to the United Kingdom on a private visit from April 25 to May
5, 2019 because there was no constitutional requirement for him to do
so.
The President further stated that the only
time he needs to hand over to Osinbajo is when he is proceeding on leave
or going to be out of the country for more than 21 days.
The case, with suit number FHC/L/CS/763/2019, was filed before a Federal High Court in Lagos.
Effiong asked the court to determine
whether in view of the extant provisions of Section 145 (1) of the
Constitution of the Federal Republic of Nigeria, 1999 (as amended),
Buhari can validly proceed on vacation for any length of time without
transmitting a written declaration to the National Assembly to that
effect, which will empower the Vice President to perform the functions
of the President in an acting capacity.
The lawyer asked the court to determine
whether Buhari’s action in proceeding on vacation to the UK from the
April 25, 2019 to May 5, 2019 without transmitting the written
declaration envisaged in Section 145 (1) of the constitution to National
Assembly is not in conflict with the provisions of Section 145 (1) of
the constitution.
In his response, however, Buhari stated
that the Nigerian Constitution does not make it mandatory for him to
transmit a written declaration to the President of the Senate and the
Speaker of the House of Representatives to enable the Vice President to
act as President except when his vacation exceeds 21 days.
The affidavit read in part, “It is a fact
that the 1999 Constitution (as amended) regulates the performance of the
duties of the President of the federal Republic of Nigeria in
situations where the President is proceeding on vacation or is otherwise
unable to discharge the functions of office.
“That it is a fact that where the President
embarks on a vacation or otherwise is unable to discharge the functions
of his office and fails to transmit a written declaration to that
effect, he will be considered not to have complied with the constitution
(as amended).
“That the time within which the President
has to transmit a written letter to the President of the Senate and the
Speaker of the House of Representatives of the Federal Republic of
Nigeria is 21 days.
“That the President’s foreign trip lasted
for nine days from April 25, 2019 to May 5, 2019. The President did not
exceed the 21-day period required by the constitution. It is in the
interest of justice to dismiss the claims of the plaintiff.”
Buhari equally asked the court in a
preliminary objection to strike out the suit because the lawyer lacks
the locus standi to institute the case.
The case is before Justice A. O. Faji of
the Federal High Court in Ikoyi, Lagos and has been fixed for Monday,
October 7, 2019 for hearing.
The PUNCH reports that in the
past, Buhari had been known to hand over power to his deputy anytime he
was travelling out of the country for unofficial engagements.
For instance, when the President travelled
to London on a working leave on August 3, 2018 and returned on the 18th,
spending a total of 16 days, he handed over to Osinbajo.
It was while Osinbajo was acting President
during the same period that he sacked the Director-General of the
Department of State Services, Lawal Daura, a move that was said to have
been vehemently opposed by those close to the President.
Incidentally, since Daura’s sacking over a year ago, the President has not transferred power to Osinbajo again.
The President has in recent weeks curtailed
the powers given to the Vice-President by first removing him as the
head of the economic advisory team and asking him to seek special
approvals before taking certain actions.
There have been reports that the cabal which controls the Presidency is opposed to Osinbajo’s purported 2023 presidential bid.
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