…say Yar’Adua has declared himself unfit

By Ise-Oluwa Ige

ABUJA—An Abuja-based constitutional lawyer, Mr Kayode Ajulo, has invoked the exclusive jurisdiction of the Federal high court sitting in Abuja, asking it to declare, without further delay, Dr Jonathan Goodluck as the Acting President of the Federal Republic of Nigeria on the account that President Umaru Musa Yar’Adua had duly informed the leadership of the National Assembly through his 12 January 2010 broadcast of his temporary inability to perform the functions of his office.

Ajulo is the fourth and the latest litigant in the legal quest by majority of Nigerians to ensure that the ailing President Umaru Musa Yar’Adua steps down on the account of his ill-health to enable Jonathan begin the performance of presidential functions in his own right as acting president in line with the provision of section 145 of the 1999 constitution.

Ajulo invoked the original jurisdiction of the court on a day radical Lagos lawyer, Mr Femi Falana, tendered the transcript of the same 12 January 2010 broadcast by President Umaru Musa Yar’Adua in court to invite Justice Adamu Bello, the new judge, to hold that it amounted to a written declaration as required by section 145 of the 1999 constitution to allow his vice begin to perform the presidential functions as acting president.

Falana tendered Yar’Adua’s speech in court
He said although the Attorney-General of the Federation, Chief Michael Kaase Andoakaa, SAN, had refused to answer the seven questions he served on him about the health status of Yar’Adua, he said the president had saved the situation by transmitting the required written declaration to the appropriate authourities through the BBC broadcast, the transcript now published by Nigerian newspapers, to the effect that he would not be able to perform the functions of his office for now until otherwise advised to so do by his doctors.

He is urging the court not to waste time to okay his request by declaring Jonathan as the acting President of the Federal Republic of Nigeria so that he could start to perform the functions of the office in his own right.

In the fresh originating summons already lodged at the registry of the Abuja Federal high court, the constitutional lawyer, Ajulo, is also inviting the court to hold that the Yar’Adua’s broadcast to Nigerians, including the President of the Senate and Speaker of the House of Representatives, the transcript of which had been received and read by them, amounted to activation of the provisions of section 145 of the 1999 constitution.

Vanguard recalled that Yar’Adua had indeed addressed the nation on 12 January, this year at a time when rumour of his death since 10 December 2009 in Saudi Arabia as reported by American Chronicle, was rife.
The most outspoken member of the Federation Executive Council, FEC, Chief Michael Andoakaa had earlier told Nigerians that the president was not dead and that he was fit both in body and mind to continue governance.

In fact, he told all that cared to listen, including the Abuja Federal high court through several affidavits that Yar’Adua was okay and he is empowered by section 5(1) to govern the country from anywhere in the world.
But the President himself came out to say on the 12 January 2010 that it was not true that he was medically fit to govern.

He said he was sick and that he was hoping that he would soon get well to be able to perform the functions of his office.

He said presently, his doctors advised him against shouldering the heavy burden of the office.

He said as much as he wanted to continue in office, he told Nigerians, including the leadership of the National Assembly who ought to know the status of his health by virtue of the provisions of section 145 of the 1999 constitution that he would not be able to govern until his doctors okayed him fit.