Doing just that, the caucus noted would be in line with section 145 of the constitution by transferring his powers to the vice president, pending when he gets well and returns to the country.
The caucus decried last week’s call, by the Integrity Group in the House, on the president not to resign on health grounds, saying that such group does not even exist in the House because it has ceased to be functional two years ago.
Chairman of the caucus, Hon Femi Gbajabiamila, at a briefing quoted Section 145 of the 1999 Constitution that “whenever the president transmits to the president of the Senate and the speaker of the House of Representatives a written declaration that he is proceeding on vacation or that he is otherwise unable to discharge the functions of his office, until he transmits to them a written declaration to the contrary such functions shall be discharged by the vice-president as acting president.”
Gbajabiamila, who is the minority whip in the House, decried the politicization of Yar’Adua’s health situation, but said to “avoid unnecessary rancour and a constitutional crisis,” the president should officially write the Senate president and speaker that he was transfering powers to Vice President Goodluck Jonathan to assume acting position.
According to him, the president does not need to resign but can legally empower his deputy to discharge the functions of the president in acting capacity.
“That the president invoke section 145 of the constitution and immediately send a written declaration to the Senate president and the speaker of the House that he is unable to discharge the functions of the office. This would achieve two things:
“First, there would then be a legal transfer of his powers to the vice president and second, not being a resignation letter, it should be satisfactory to those who oppose resignation. By section 145, Mr. President can then write upon his return and immediately regain his powers. It is as simple as that. A win-win solution,” he stated.
He added that the caucus was disturbed that such a sensitive matter should not be politicized, noting that it has led to misinformation and rumours leading to innuendoes.
Gbajabiamila declared that since the president was not on vacation and the Federal Executive Council (FEC) has declared that he can still discharge his duties in spite of his ill health, the vice president should be allowed to act as president.
http://www.sunnewsonline.com/webpages/news/national/2009/dec/09/national-09-12-2009-01.htm
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