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Falana asks court to compel Yar’Adua to hand over

By Abdulwahab   Abdulah
LAGOS—President, West African Bar Association, WABA, Mr Femi Falana, yesterday, initiated an action, asking a Federal High Court sitting in Abuja to compel President Umaru Musa Yar’adua to immediately empower the Vice-President, Dr Goodluck Jonathan to discharge the functions of the President as the Acting President of Nigeria.
In the originating summon filed before the court, Falana asked for a declaration that the failure or refusal of President Yar’Adua to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives before proceeding on medical  vacation on 23 November 2009, is illegal and unconstitutional as it violates Section 145 of the Constitution of the Federal Republic of Nigeria, 1999.

Besides, he prayed the court to declare that by virtue of Section 145 of the 1999 Constitution of the Federal Republic of Nigeria, the Vice-President cannot discharge any of the functions of the President without a written declaration transmitted to the Senate President and the Speaker of the House of Representatives by the President to the effect that he is proceeding on vacation or that he is unable to discharge his functions.

He further asked the court for a declaration that the meetings of the Federal Executive Council  held since 23 November 2009, and the decisions taken thereat are illegal and unconstitutional as they violate Section 148(2) of the Constitution of the Federal Republic of Nigeria, 1999.

To this end, he sought for a order of mandatory injunction compelling the President to write the Senate intimating them that he has officially transferred power of running the country to Vice-President Jonathan until he is fit to return to his office.
Joined as respondent in the suit, was the Attorney-General of the Federation, Mr Michael Aondoakaa (SAN).


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