In the suit, the lawyer is seeking, among others, the determination of the court on whether the refusal or failure of the President to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives before proceeding on medical vacation on or before November 23, 2009 is not a violation of Section 145 of the Constitution of the Federal Republic of Nigeria 1999.
Falana also wants the court to decide whether Vice President, Goodluck Jonathan can discharge any of the functions of the President when a written declaration has not been transmitted to the President of the Senate and the Speaker of the House of Representatives by President Umaru Musa Yar'adua pursuant to Section 145 of the Constitution of the Federal Republic of Nigeria 1999.
Nation
He also wants the court to determine whether the weekly meetings of the Federal Executive Council held since November 23, 2009 and the decisions taken there are not illegal and unconstitutional by virtue of Section 148 of the Constitution of the Federal Republic of Nigeria 1999.
Falana, averred that the Federal Government is already going through a constitutional crisis of monumental dimension, noting that the absence of the President has had adverse effect on the judiciary. "With a few days to the end of 2009, the Supplementary Appropriation Bill, 2009 has not been signed into law due to the fact that the President is on medical vacation.
The vacuum being experienced in the Presidency was never contemplated by the Constitution. Hence a Vice President was elected with the President on the joint ticket on the same Political Party i.e Peoples Democratic Party. As far as the Constitution is concerned the Vice President is required to be the Acting President whenever the President is on vacation or otherwise unable to discharge the functions of his office," he stated .
According to Falana, the determination of the suit becomes expedient "in order to save the country from constitutional crisis that may derail the entire democratic process".
He therefore urged the court to make an Order compelling the President to transmit a written declaration to the Senate President and the Speaker of the House of Representatives, saying "Unless this is done, without any
further delay the entire democratic process may be derailed by anti-democratic forces.."
Source: This Day
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