By Ise-Oluwa Ige
A Federal High Court in Abuja, yesterday, turned down a request by Lagos lawyer, Mr. Femi Falana, to refer to the Court of Appeal three constitutional questions touching on whether it is legal and constitutional for President Umaru Yarâ€™Adua to proceed on medical leave without handing over to his Vice, Dr. Jonathan Goodluck, to perform presidential functions in acting capacity.
The trial high court judge, Justice Adamu Bello, who dismissed the request said the application fell below the requirement of Section 295 (20 of the 1999 Constitution which Falana relied upon to make the application.
The judge also yesterday struck out the substantive suit maintained by Falana against the Federal Government on the vacuum in governance upon a formal request by the lawyer.
Although Falana was not present in court yesterday, his counsel, Mr Kayode Ajulo, told the court that he spoke with him in the morning to withdraw the case, the subject-matter, having been overtaken by events.
He said since Goodluck had already been made Acting President by the resolution of the National Assembly, he said there was no need to go ahead with his case which goal was also to allow Goodluck to assume full presidential powers in acting capacity.
Bello said even if the case was not withdrawn, heÂ would not have noddedÂ Falanaâ€™s request to seek determination of three constitutional questions on the vacuum in governance as encapsulated in his suit.