Nigerians Positively React to Empowerment of Acting Prexy

A collective move by the People of the Federal Republic of Nigeria to fill it’s seventy eight days power vacuum, has not only gone down well with different political parties, but has also been approved by a cross section of  Civil societies, concern groups, and well meaning Nigerians who have been congratulating themselves for a move they described “wise”.  (Photo: Pasco Gerald H. Temple in Rivers State House of Assembly, Port Harcourt)

Tuesday February 9^th 2009 saw amendments of section 145 of Nigeria’s constitution, thereby making way for Vice President Goodluck Ebele Jonathan to assume the mantle of leadership and conditionally lead the Country in an acting capacity based on the return of President Umaru Musa Yar Adua.

President Umaru Musa Yar Adua is currently hospitalized in a Hospital in Saudi Arabia, undergoing medical treatment. 

According to Assistant Secretary of Nasrullahi Fathi (NASFAT) Islamic Society in Abuja, Mallam Quadri Shakir Kehinde, “this is how things should be done in a lawful society.

On -behalf of his Islamic society in the Federation, the Mallam praised Nobel Laureate Professor Wole Soyinka and his team for opening the eyes of Nigerians to “put pressure on the Government, Senate and House of Representatives to do what is right.

“We also thank Senate President David Mark for using his wit by making use of the theory of necessity to fit in a measure that could suit the times”.

Quoting a paragraph of Senate’s President Mark’s speech, the Mallam said indeed, the doctrine of necessity actually requires that they (Senators) should always do what is necessary when faced with a situation that was not contemplated by the constitution.

“If Senate had failed to do what they had done, I think it would have been disastrous”. Said the Mallam.

Quoting the Holy Al Quran the Mallam said“Prophet Muhammad (SAW) delegated responsibility to his companions including Sayidinna Alli, Umar and Abu Bakre among others   to enable them act in his absence.

According to a local Daily “The Punch” of February 10^th, “History was made in the Country on Tuesday as the Senate and the House of Representatives separately Okayed resolutions empowering Vice President Goodluck Jonathan to formally act as the President.

By the Resolutions, Jonathan can now discharge the functions of the office of the President, Commander in Chief of the Armed Forces  in accordance with the Provisions of Section 145 of the Nigerian Constitution 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  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”

According to “Punch” the senate based its decision on the doctrine of necessity and not constitutional considerations, while the House of Representatives predicated its action on the need for peace, security and good governance.

The Senate said that Yar Adua had through the interview he granted to the BBC on January 11 2010, and transmitted to the whole world declared that he was receiving medical treatment in Saudi Arabia and consequently would be unable to discharge the functions of his office until his Medical Doctors certified him fit to return to Nigeria to assume duties, communicated to them.

Earlier, one of the Senators Folarin had in a motion asked the senate to empower the Vice President to act as President until the substantive holder Umaru Musa Yar Adua returns from Saudi Arabia where he had spent Seventy Eight (78) days.

This according to him, section 145 of the Nigeria’s constitution has been complied with.

 Governors of Nigeria’s thirty Six States led by Dr. Bukola Seraki of Kwara State welcomed the move as they had last week moved to the Senate and House of Representatives and made their voices heard on this demand.

Civil Society and Human Rights Activist, Celebrated Lawyer Femi Falana salute the situation. Barrister Femi Falana was at the fore front calling for the filling of the vacuum.

Externally, the United States has said it would back the transmission of political power so long as it conforms to the rule of law and Nigeria’s Constitution.

The United States Assistant Secretary of State, Mr. Johnny Carson who paid a courtesy visit to the former Vice President said the United States of America was concerned about Political Developments in Nigeria, because it is Africa’s largest Democracy coupled with the fact that Nigeria is a Friend and a partner of the United States of America.

The Secretary of State had sent him to convey a clear message to the Nigerian Government that during that period of uncertainty, any form of power transition should be based on constitutionality and the rule of law based on Democracy.

However, one of the Cabinet Ministers, who opposed the move by senate and House of Representatives, was the Attorney General and Justice Minister Chief Mike Aondoakaa, who had preferred the country to be governed by President Umaru Musa Yar Adua from the sick bed.

Pasco Gerald Temple, Information Attaché, Sierra Leone High Commission, Abuja, Nigeria

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