By Ise-Oluwa Ige
ABUJAâ€” Radical Lagos lawyer, Mr Femi Falana, yesterday asked a Federal high court sitting in Abuja to refer to the Court of Appeal three constitutional questions touching on whether it is legal and constitutional for President Umaru Musa Yarâ€™Adua to proceed on medical leave without handing over to his Vice, Goodluck Jonathan, to perform presidential functions in acting capacity.
He made the request on the first day his case was called for mention by Justice Adamu Bello of the Federal high court, Abuja.
The three questions carefully couched revolved around sections (5), 145, and 148(1) of the 1999 constitution all of which deal with the exercise of presidential powers to cede the functions of his office to his cabinet members, either in a delegated or acting capacity.
It is trite that a high court has the powers to refer substantial questions of law to the Court of Appeal for pronouncement either upon application from the parties in the case or by the court itself suo motu.