The Federal High Court in Lagos presided over by Hon.
Justice A. O. Faji will, on Friday, deliver judgment in the suit against
President Muhammadu Buhari on the legality of his refusal to handover power to
the Vice President Yemi Osinbajo, during a trip to the United Kingdom in 2019.
Buhari had, on April 24 2019, left the country for what the
president described as a “private visit”.
Last May, a Nigerian lawyer, Inibehe Effiong, dragged Buhari
and the Attorney General of the Federation (AGF) Abubakar Malami to court over
the matter.
In the suit with number FHC/L/CS/763/2019, Effiong demanded
that the Court to determine four issues.
These are: “Whether in view of the extant provisions of
Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999
(as amended), the 1st Defendant can validly proceed on vacation for any length
of time without transmitting a written declaration to the President of the
Senate of the Federal Republic of Nigeria, and the Speaker of the House of
Representatives of the Federal Republic of Nigeria to that effect, which will
empower the Vice President of the Federal Republic of Nigeria to perform the
functions of the President in an acting capacity.
“Whether the 1st Defendant’s action in proceeding on
vacation to the United Kingdom from the 25th day of April, 2019 to the 5th day
of May, 2019 without transmitting the written declaration envisaged in Section
145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as
amended) to the President of the Senate of the Federal Republic of Nigeria, and
the Speaker of the House of Representatives of the Federal Republic of Nigeria
is not in conflict with the provisions of Section 145 (1) of the Constitution
of the Federal Republic of Nigeria, 1999 (as amended).
“Whether the 1st Defendant in refusing to adhere to the
clear and unambiguous provisions of Section 145 (1) of the Constitution of the
Federal Republic of Nigeria, 1999 (as amended) has not by that singular action
violated his oath of office and the Provisions of the Constitution which he
swore to uphold.
“Whether the Constitution of the Federal Republic of
Nigeria, 1999 (as amended) or any other law for that matter, permits the 1st
Defendant to exercise presidential authority over the affairs of the Federal
Republic of Nigeria from any country outside the territorial jurisdiction of
the Federal Republic of Nigeria, save when he is out of the country on official
diplomatic engagements.”
In his response to the suit, Buhari stated that the Nigerian
Constitution does not make it mandatory for him to transmit a written
declaration except when his vacation would exceed 21 days.
Buhari’s counter-affidavit, deposed to on his behalf by Mr.
Friday Atu of the Federal Ministry of Justice, read in part, “It is a fact that
the 1999 Constitution (as amended) regulates the performance of the duties of
the President of the Federal Republic of Nigeria in situations where the
President is proceeding on vacation or is otherwise unable to discharge the
functions of office.
“That it is a fact that where the President embarks on a
vacation or otherwise is unable to discharge the functions of his office and
fails to transmit a written declaration to that effect, he will be considered
not to have complied with the constitution (as amended).
“That the time within which the President has to transmit a
written letter to the President of the Senate and the Speaker of the House of
Representatives of the Federal Republic of Nigeria is 21 days.
“That the President’s foreign trip lasted for nine days from
April 25, 2019 to May 5, 2019. The President did not exceed the 21-day period
required by the constitution. It is in the interest of justice to dismiss the
claims of the plaintiff.”
Buhari asked the court to strike out the suit because the
lawyer lacks the locus standi to institute the case.
Commenting ahead of the judgment, the applicant, Effiong
said: “I do not know what the court will decide. But I am confident that tomorrow’s
judgment will have far reaching implications for Nigeria’s constitutional
democracy and the rule of law.
“I believe that the sacred role of the judiciary as the
Guardian of the Constitution will be reshaped, one way or the other by this
case.”
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