Breaking News
Translate

Yar’Adua: Keyamo drags FEC, Mark to court

By Ise-Oluwa Ige
ABUJA—Lagos lawyer, Mr Festus Keyamo, yesterday,  sued both the Federal Executive Council, FEC, and the President of the Senate before a Federal high court sitting in Abuja over their failure to remove President Umaru Musa Yara’Adua from office on account of his ill-health.

He invoked the original jurisdiction of the high court seeking its order compelling them to move against President Yar’Adua in accordance with section 144 of the 1999 constitution.

Specifically, he wanted the court to declare that the unanimous adoption by the FEC of the joint resolution passed by the two chambers of the National Assembly empowering Goodluck Jonathan to assume full presidential powers in acting capacity amounted to activation of section 144 (1) of the 1999 constitution.

The said section requires two-third members of the FEC to pass a resolution when the sitting president is unable to perform the functions of his office on health ground.

Wants medical board to examine Yar’Adua’s health

He is also asking the court to issue a separate order compelling the Senate President to constitute the five-member medical board to examine the merit of the alleged resolution passed by FEC on Yar’Adua health status upon the compliance by members of FEC with the provision of section 144 (1) of the 1999 constitution.

In the originating summons lodged at the registry of the high court, Keyamo posed the following fundamental questions:

A determination of the question whether the Executive Council of the Federation (the 2nd defendant herein) has not wholly or substantially complied with the provisions of Section 144(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999, in its session of Wednesday, 10 February  2010, when its members unanimously accepted the resolution of both Houses of the National Assembly which acknowledged the incapacity of President Umaru Musa Yar’Adua and mandated Goodluck Jonathan to act as Acting President.

Consequent upon the  above, a determination of the question whether it is not mandatory for the President of the Senate (1st defendant herein), to immediately appoint a medical panel to verify the health status of President Umaru Musa Yar’Adua in view of the provisions of Section 144(4) of the Constitution of the Federal Republic of Nigeria, 1999.

A declaration that the Executive Council of the Federation (the 2nd defendant herein) has wholly or substantially complied with the provisions of Section 144(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999, in its session of Wednesday, 10 February 2010, when its members unanimously accepted the resolution of both Houses of the National Assembly which acknowledged the incapacity of President Umaru Musa Yar’Adua and mandated Goodluck Jonathan to act as Acting President.

A declaration that consequent upon relief 2 & 3 above, it is mandatory for the President of the Senate (1st defendant herein), to immediately appoint a medical panel to verify the health status of President Umaru Musa Yar’Adua in view of the provisions of Section 144(4) of the Constitution of the Federal Republic of Nigeria, 1999.

A mandatory order compelling the 1st defendant (President of the Senate) to immediately appoint a medical panel to verify the health status of President Umaru Musa Yar’Adua pursuant to the provisions of Section 144(4) of the Constitution of the Federal Republic of Nigeria, 1999.


Disclaimer

Comments expressed here do not reflect the opinions of vanguard newspapers or any employee thereof.