On Tuesday, 8th  May 2017, President Muhammadu Buhari, for the fourth time in his two years as Nigeria’s elected President, transmitted a letter to the National Assembly (NASS) informing the Federal lawmakers of his intention to proceed on an indefinite medical leave abroad, thus transferring presidential powers to Vice President Yemi Osinbajo in line with Section 145 of our Constitution.

President Muhammadu Buhari

The letter created uproar because of the way it was worded. It said while President Buhari was away, the Vice President would “coordinate the activities of Government”. This was quite distinct from his earlier letters which unambiguously pronounced Prof Osinbajo as Acting President.

The atmosphere of ethno-sectional suspicion in the country quite easily makes a mountain out of a molehill. Based on our gruelling experience after the departure of the late President Umaru Yar’ Adua for his final medical vacation in December 2009, during which his Vice President, Dr. Goodluck Jonathan was sidelined by the President’s close associates in government referred to as a “cabal” because no letter was transmitted, the Senate had to evoke an unconstitutional “Doctrine of Necessity” to empower Jonathan as Acting President.

Many Nigerians obviously felt that the wording of the letter was meant to whittle down the power of Vice President Osinbajo and allow Buhari’s kitchen cabinet to influence the running of government in furtherance of vested interests, which may not be in the overall interests of the nation.

We belong to the legal school of thought which believes that what matters most is that, unlike Yar’ Adua who failed to transmit a letter transferring presidential powers to his Deputy, Buhari follows the Constitution religiously by duly transmitting letters to the National Assembly to avoid a constitutional crisis. This is a commendable example, especially by a President with a military background and strong conservative tendencies.

We strongly believe that Buhari satisfied the requirements of Section 145 in transferring power to Osinbajo as Acting President. The wordings used may have created problems, but they do not really alter the fact that Osinbajo is Acting President and therefore fully empowered to lead the country until President Buhari returns and transmits another letter to the NASS informing it of his resumption of work. The letter alone is enough to activate the Constitution, not what it contains.

We regard the controversy as merely an understandable trapping of democratic licence, which enable citizens to freely air their views and concerns when a controversy like this arises. It should not be allowed to fracture the polity or impede the smooth flow of governance.

Acting President Yemi Osinbajo should focus his full energies on steering the Nigerian ship of state (especially the economy and security), while we wish President Buhari quick recovery to complete his mandate.