The resolution, according to the orders of the court, should be made public.
Chief Judge of the Federal High Court, Justice Daniel Abutu, who gave the judgment, however, said it was not within the powers of the court to determine whether or not President Yar’Adua is permanently incapacitated to discharge his presidential functions, in view of the provisions of section 146 of the 1999 constitution.
The court held that the procedure for determining whether or not President Yar’Adua is incapable of holding office is clearly stated in section 144 of the 1999 constitution and there is no other procedure other than that.
It was also the findings of the court that the only body charged with the responsibility of determining the health of the President is the Executive Council of the Federation, as enshrined in section 144 of the constitution.
Justice Abutu, who was delivering judgment in the case filed by, Honourable Farouk Adamu Aliyu, who represented Birni Kudu/Buji Federal Constituency of Jigawa State in the National Assembly and Sani Ussain Garun Gabbas, said there is no evidence before the court to show that Vice President Goodluck Jonathan has not been performing the duties of the president in his absence.
The judge also ruled that the only body recognized by the 1999 Constitution is the Executive Council of the Federation and not the Federal Executive Council. He, however, agreed with the Attorney General of the Federation, Chief Michael Aondoakaa (SAN), who is the only defendant in the suit, said the Federal Executive Council had acted on the health condition of President Yar’Adua in its resolution of December 2, 2009 which pronounced Yar’Adua as capable of discharging his duties.
“Section 144 of the 1999 constitution must be read in the context of section 143 and 146. The court cannot, under section 146 declare the President permanently incapacitated as it lacks the jurisdiction to do so. This court cannot usurp the powers of the Executive Council of the Federation.
“The procedure is stipulated in section 144 of the 1999 constitution and there is no other procedure under the constitution. Having regard to the absence of President Yar’Adua on ill health, this court has no powers to come to a conclusion that Yar’Adua is permanently incapacitated.
“On whether the court can compel the Federal Executive Council to pass a resolution on the health condition of the president, the court can exercise such powers and it is hereby ordered that the Executive Council of the Federation to, within 14 days, consider and pass a resolution as to whether or not President Yar’Adua is permanently incapacitated to discharge his functions and make their resolution public.
“There is no evidence before the court that Vice President Jonathan has not been performing the functions of the President in his absence.”
Shortly after the judgment was delivered, Aondoakaa said the judgment would be shown to Jonathan for appropriate action. He however, gave assurance that the Federal Government will abide by the judgment of the court.
The plaintiffs had approached to challenge the absence of the president for more than a month. They asked the court to determine whether the absence of the president from office did not constitute permanent incapacity within the meaning and intendment of Section 146 of the 1999 Constitution.
Counsel to the plaintiffs, Mr. Bamidele Aturu, said yesterday immediately after the judgment, that the FEC cannot pass a resolution because it is an illegal body.
The plaintiffs, in their affidavit in support of the originating summons, said that the President has been undergoing treatment at a hospital in Saudi Arabia since the 23rd of November 2009 “and no member of the Executive Council of the Federation, including the defendants know when he will return to his duty or his state of health.”
He said members of the Executive Council of the Federation, including the defendant, have refused or neglected to take any step to investigate or determine the actual state of health of the President.
The plaintiffs also said that the refusal of the AGF and the National Assembly and members of the Executive Council of the Federation to investigate the actual state of health of the president and pass or reject a resolution, as to whether he is capable to continue in office, has thrown the country into wild speculation.
They also said the refusal of Jonathan to perform the functions of the president in the absence of Yar’Adua has grounded the activities of government.
| Posted: at | |
dickman2
TRENDING GISTS 
Watch Touching Video Of Lady Surprising Boyfriend Who’s An Okada Rider
Sports Minister, John Enoh Roots For Peseiro’s Return To Super Eagles
Just in: EFCC Withdraws Suit Against Yahaya Bello In Appeal Court Over Alleged Fr@ud
Federal Govt Suspends Dana Airline Indefinitely Over Safety Concerns