SENATORS were yesterday locked in a big argument over the
President’s medical leave letter.
At
issue was President Muhammadu Buhari’s description of Acting President Yemi
Osinbajo as the person to “coordinate activities of the government”.
But
to Senate Leader Ahmed Lawan, it was all a storm in a teacup. He criticised the
point of order raised by Senator Mao Ohuabunwa.
Senate
President Bukola Saraki then upheld Lawan’s argument and declared Osinbajo
Acting President.
It
was all
at the Senate plenary after Saraki read the letter from the President
who has travelled to London on “medical follow-up”.
However,
at the House of Representatives, there was no controversy when the letter was
read by Speaker Yakubu Dogara.
President
Buhari’s May 5 letter states that while he is away, the vice president will
“coordinate activities of the government”.
The
length of his stay in London will be determined by his doctor’s advice, the
letter states.
The
letter reads: “In compliance with Section 145 {1) of the 1999 constitution as
amended, I wish to inform the distinguished Senate that I will be away for a
scheduled medical follow-up with my doctors in London.
“The
length of my stay will be determined by the doctor’s advice.
“While
I am away, the vice president will coordinate the activities of the government.
Please accept the distinguished Senate president the assurances of my highest
consideration.”
Hardly had Saraki concluded reading the letter than Senator Ohuabunwa raised a
Point of Order.
Ohuabunwa (Abia North) had noted that the Constitution had no
provision for a coordinating president or a coordinating vice president.
He said presidential letters to “the Senate, the highest
legislative body in the country, should be direct and unambiguous.”
Ohuabunwa said: “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 otherwise that he is
unable to discharge the functions of his office, until he transmits to them a
written declaration to the contrary, such function shall be discharged by vice
president as acting president.
“Mr. President I don’t think in our Constitution we have
anything like ‘coordinating president or coordinating vice president’.
“It is either you are vice president or you are acting
president and any letter should be unambiguous and very clear.
“So, I’m saying that this letter really does not convey
anything because coordinating has no space or any place in our Constitution.
“We have been having letters like this and you tell us who is
the acting president and we know who to deal with as a Senate.
“This is the highest legislative body of the country and if
you are sending us letter it should be direct and unambiguous. So, I am saying
that this letter for me is not right and maybe should be sent back.”
Lawan urged the Senate to disregard Ohuabunwa’s point of
order noted that Section 145 (1) of the Constitution which President Buhari
quoted is clear on who should act in the absence of Mr. President.
The Yobe North lawmaker said any other word contained in the
presidential letter is irrelevant
Lawan said: “Mr. President, let me say that the Point of
Order raised by my colleague and the explanation that subsequently followed
shouldn’t have been.
“I still rely on the first paragraph of that letter which Mr.
President wrote to this Senate and read by the President of the Senate and I
will read Section (145), which reads, ‘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…”
“Any other word in this letter or indeed anywhere else is
irrelevant. I therefore feel that Mr. President has done what the Constitution
requires him to do and I urge this Senate not to go ahead to discuss this
because it’s not an issue.
“We have the budget and so many other serious issues for us
to discuss and Nigerians are waiting.”
Senate President agreed with Lawan that Section 145 quoted in
the presidential letter is unambiguous.
He said the Senate should always be guided by the provisions
of the Constitution in carrying out its legislative functions.
“I think it is a very clear issue and what we should be
guided by is the Constitution.
“I think that it is clear, the letter has referred to the
Constitution and there is no ambiguity in the Constitution.
“So, I don’t think there is any issue there. Let me rule you
out of order Senator Mao.”
Some of the lawmakers insisted that “leaving out the fact
that the Vice President should act in the absence of the President may have
been “deliberate to create avoidable confusion”.
According to one of them, “this is not the first time
President Buhari left the country for medical attention and it was clear in his
letter to the Senate the fact the vice president should act in his absence in
line with the Constitution.
“This time around ‘coordinating the affairs of government’
crept in.
“It should be abundantly stated that the vice president is
the acting president . Any other coinage, including the so-called ‘coordinating
affairs of government’, is not necessary.”
In a letter to the Senate in January, President Buhari
specifically said “while I am away, the vice president will perform the
functions of my office.”
This time around, President Buhari said that the vice
president will “coordinate affairs of government.”
thenation
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