‘Jonathan should act as President’
– A cross-section of prominent Nigerians insist
Chief Ajibola Ogunshola, President, NPAN
The charade, deception, collusion and outright fraud that we have been witnessing in the three realms of the federal government over the unconstitutional refusal of President Yar’ Adua to observe the provisions of the constitution by writing to the National Assembly to enable Vice President Jonathan Goodluck act as President while he is away in Saudi Arabia for medical rescue should open the eyes of all Nigerians to the need for the Freedom of Access to Information Act.
It is also a potent evidence that the Act will not be for the benefit of journalists and the press alone, but for all Nigerians. It further demonstrates, perhaps, why the present National Assembly has been unwilling to pass such Act.
Now we are told that the House of Representatives wants to send a delegation to Saudi Arabia on a jamboree to “ pay a get-well visit to the President and discuss some matters of urgent importance with him”, presumably flying first class and collecting estacodes at the tax-payers’ expense, not to talk of the cost of their retinue of aides, instead of passing resolutions, firstly, to request the President to obey the constitution under S.145 or face impeachment, and secondly, requesting the Federal Executive Council to act in accordance with section 144 (a) of the constitution, which provides that “ by a resolution passed by two-thirds majority of all the members of the executive council of the Federation, it is declared that the President or Vice President is incapable of discharging the functions of this office; and (b) the declaration is verified, after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in its report to the President of the Senate and the Speaker of the House of Representatives”.
By their resolution of last Tuesday, the House of Representatives has clearly not behaved as a “house” of our own representatives, nor has the Senate served the Nigerian people better by their own resolution of the same date to simply invite the Secretary to the Government of the Federation, Alhaji Yayale Ahmed, to brief it on President Yar’ Adua’s health.
If a President from Katsina State, north-west zone is unwilling to formally allow his Vice President from Bayelsa State, in the south-south zone to formally act as President in his absence, and both the House and the Senate have failed to invoke constitutional provisions to put the President in check, after 50 days of medical absence, but have chosen merely to vacillate and temporise, with the tragi-comic insult of wasting money on a delegation of House members to Saudi Arabia, then, by their dereliction of duty, they are proving right those who have continued to argue that, despite our last civil war to keep the country as a country, Nigeria is content to remain only as a country, but never as a nation.
And that will be darkness visible.

Aneto Cyril Maduka, Member Anambra State Chapter, Nigeria Society of Egineers
Nobody prays for sickness, but at the same time Nigeria is greater than an individual. In my own opinion I should think that we have the Vice-President who should take over from the President until when the President comes back, and just like I have just said the court also ratified that yesterday. In my opinion, I think Nigeria needs to move forward because the absence of Mr. President and the Vice-President not having that power has actually been affecting the economy and the running of the government of Nigeria.

Okafor Chukwunwike Alfred Chairman, People’s Democratic Party, Ayamelum Local Government, Anambra State.
When there is no head in any country it means that the country is degenerating, it is trying to disintegrate because there must be somebody – a president or a prime minister or head of government who suppose to pilot the affairs of the government. And without this, it means that the country has nowhere to go. Therefore the continued absence of President Umanu Yar, Adua from this country since more than a month now is affecting the economy of this country and the day-to-day activities of the citizens of this nation. Nigerian government or people concerned are supposed to come together and make sure that the Vice-President assume the authorities to pilot the affairs of the Nigeria Government to move Nigeria toward.

Chief Frank Udo (Accountant) former Secretary, United Democratic Party (UDP), Anambra State
We are concerned because he is our President, he has been working for us. We are happy that he has gone somewhere to get himself cured, but unfortunately that curing is taking quite sometime. And people are clamouring that the provisions of the constitution should be invoked to get the Vice-President take over. But you see, Mr. President did not transmit anything to the National Assembly that will enable the Vice-President take over. So that is the unfortunate umpasse in which we are now. We know that there is a cabal that is now shielding the president and trying to work for him. The same cabal that brought Obasanjo, is doing this thing now and it is in their own interest now that the illness of Mr. President prolongs so that they will continue to rule the country indirectly. But we know that God in his infinite mercy will help our President recover as quickly as possible so that he can return and take his position. But if he doesn’t we have to do something ourselves just as Ojukwu and Wole Soyinka and others said the other day, that is what we are suppose to do, yes.

Okonkwo Kizito (Civil Servant and former President, NANS, Nnamdi Azikiwe University, Awka).
As a bonafide citizens of this country I will frankly inform you that the whole system of the Federal Government of Nigeria is down. And if it is in other countries it will not happen. We sympathise with Mr. President on the condition of his ill-health but my brother let’s tell ourselves the truth, we suppose to keep moving as a country. Let all Nigerians join hand to pray for the quick recovery of Mr President. But I don’t like the political undertone being giving to Mr. President’s ill-health. It is uncalled for, it is not a way of moving a country forward, there is a lot of controversy and it is getting worse, the whole country is down, look at what happened: Abdulmutallab attempted bombing a USA airliner and so many other crisis. All these thing are happening without Mr. President on ground, can't somebody move the country forward in his absence? If he comes back good, we pray for that. But if he is not back, let somebody take over and continue from where he stoped. And by this, I mean Mr. Vice President that is why he is the running mate. If the President is sick or down, the Vice-President should continue in order to move the country forward.

Ifeanyi Afuba (Author/Publisher)
There has been problems in governance. A lot of issues needing the attention and decisive action of our President are being left, suspended or unattended to. So we feel that given the constitution of the country if the President is incapacitated as it, appears now, then the Vice-President should be allowed to take over the functions of the President. I am therefore asking that the medical report on the condition of the President should be made available to the National Assembly immediately so that where the President has been found not to be fit to continue in office, let the Vice-President take over.

Zubair Muhammad Umar, Chiroma Gombe and Attorney General and Commissioner for Justice, Gombe State
My view is that he has every right to remain the president of this country because we unanimously elected him the president of this country for a term of four years and all the speculations as to his health, I don’t think is very healthy. So, if some vocal minority are making so much noise, the majority are always there praying for him to get better. Honestly I don’t see any reason why he should resign. There is no reason except if we are satisfied beyond any doubts that he’s is incapable of discharging the functions of his office. But for now, nobody has even told us that he is incapable of performing…

Tunde Bakare, Cleric and social actvist
… the presidency is not a hereditary stool. The presidency is a constitutional office. President Yar’Adua is not fit to occupy that office. Therefore, Umaru Yar’Adua go home… the constitution that is imposed upon you stipulates in section 145 that if anyone in that office of the president is leaving even for his leave, not for sickness, he must transmit authority of that office to the vice president.

Niyi Akintola, Senior Advocate of Nigeria (SAN)
…. We thank God for his life although he has stayed away for 50 days in violation of the constitution he swore to protect by not handing over. Notwithstanding his recovery. I feel strongly that he ought to have complied with section 145 of the constitution.
Why is Yar’Adua heating up the polity unnecessary? Nobody is a stone. Anybody can fall sick. What is his fear in handing over to Jonathan? What is he afraid of? It behoves on him to do the right thing. If he is not fit enough, he should without further delay write the National Assembly and hand over to Jonathan. When he comes back, he can take over.

Yinka Odumakin, spokesman, Afenifere Renewal Group (ARG)
Again the issue is not whether he spoke or not, he has left the country for 50 days; he did not address that decision to go away without proper handing over, then he has not spoken. He should not only speak up, he should write the National Assembly to allow Jonathan act as Acting president.

Balarabe Musa, former Governor of old Kaduna State.
If he’s capable of continuing in office he can come back and continue, but if not he should hand over to Jonathan.

Farouk Aliyu Adamu, former federal lawmaker
We are Nigerians. Nobody should hoodwink you with where you come from we are not ruled rightly. We are ruled by liars … if you do not want Jonathan to lead, do not take the fuel and petroleum from the Ijaw people. If my bother want to continue using the fuel and diesel from the South-south, then Jonathan should take over governance.

Anthony Amaribe, Catholic Priest
“In the first place, as sickness is part and parcel of human nature, every human being is bound to take ill from time-to-time. As the president has been out of the country in search of medical care, there is the need for us to ask for the blessings of God so that His Excellency will recover from his sickness.
“But at the same time, in as much as we are looking at it from that perspective, we have to look at how it affects the office of the president. In that situation, Nigeria ought to have respected the provisions of its constitution. A situation whereby we have a leadership vacuum could create untold problems in the country”.
They (Nigerians) have the right to know what is happening to their president. And again, we have to invite and encourage members of the National Assembly to be alive to their responsibilities and know what they have to do in order to make sure that a leadership vacuum is not created.

Enechi Onyia, Senior Advocate of Nigeria (SAN)
is sick and should treat himself. The doctors will say when he will be well to do his work. Under the constitution of the Federal Republic of Nigeria, he has the power to delegate his powers. In normal circumstances, he would have delegated the powers before leaving the country. Sometime after leaving the country, knowing full well that he would not be able to come back in one month or two, he should have delegated his powers.
Unfortunately, Nigeria is a very difficult place, where people talk of sectionalism instead of nationalism. This has led to the question of whether a Northerner or Southerner should be in power. I do not as a person, like rotation (of power). It breeds mediocrity. The moment we forget about this question of rotation and talk of the person capable of doing anything, the better for Nigeria.

Edmund Egboh, Senior Lecturer, Nnamdi Azikwe University, Awka
It is very, very unfortunate again that a nation that claims to be democratic, has left its citizens in the dark on the present health condition of their president. And because of that, governance has grounded in Nigeria. And that is especially one of the reasons why America listed Nigeria as one of the 15 terrorists nations in the world. If the president were to be here, probably the story might have been different.

Ikechukwu Eneasator, Engineer
The country is suffering from the long absence of the president. But at the same time, it is not a crime for someone to be sick. And considering his present state of health, I don’t think there is much he can do right now, except he gets better. I hear he is very ill. He has been a good president and as such, he should be given a chance to recover and return to do his work. It is wrong to wish him death.

Olu Omotayo, South east zonal Director, Civil Liberties Organisation (CLO)
The constitution provides that if the president is afflicted with an infirmity that renders him incapable of performing the duties of  his office, he should be removed. For the president to stay away for over 50 days, shows the illness is of a serious nature and has rendered him incapable of performing his duties.
“The problem the country is facing today, is created by the Federal Executive Council which has failed to invoke the provisions of Section 144 of the constitution, by telling the National Assembly that this man is incapable of performing the duties of his office.

Tony Erha, Labour Party (LP) chieftain and social activist
The sickness of Yar’Adua is a moral issue but as the president he knows full well he has some duty to perform to the Nigerian people yet he has been absent for over 56 days. It is very painful, in the sense that in advance country of the world for instance, the sickness of the President can affect the fortune of such country.
He has some constitutional responsibilities, what the constitution says about an absentee President? We know that the Vice President is a partner in progress with the President. So also as a Governor at the state level, the Deputy is his partner. At the local Government level, the Vice chairman is his partner in progress with the chairman. So why the creation of Vice, is it not in case of thing like this, the vice president will step in? We want Yar’ Adua to respect the constitution, if he is sick, Jonathan can be sworn in as Acting President pending when he returns. When he returns Jonathan will not say he will not vacate the seat.

Uwadiae Igbinigie, legal practitioner and PDP chieftain in Edo State
There are situation that could call for the Vice President acting in the absence of the President. The situation that can call for the Vice President assuming the office of the President, first and foremost, we must look at section 145 of the 1999 constitution of the federal Republic of Nigeria . Section 145 of the constitution talks about the situation where the Vice President can act as the President while the president is absent.
A vacuum is not yet created in the Nigerian political system, there are situation that can call for the Vice President to act as President. One, if the president dies, when the president is incapacitated as a result of ill health, if the president tendered resignation and if the President is impeached.
These are the situation where the Vice President can be sworn in as an acting President.
Section 146 says if the President is absent for more than 42 days the Vice can act in his stead and if the President travels out of the country without any notification by way of being on leave, you have recourse of Section 5 of the constitution.
Section 146 which is created for such lacuna says that unless and until there is a formal request that the President can no longer act. If the President is absent outside the 42 days, the Vice President can also act as the President. If there is medical report that the President can no longer function as President or there is an impeachment or he voluntarily resigns, section 145 says the Vice President can automatically be sworn in as the President.
So in the Nigerian situation today, the President is such that is not seen to be on leave because there is no formal letter to the Senate saying that the President is on leave. There is no formal letter saying the President is incapacitated as a result of ill health. There is also no letter from the Senate that the President is impeached and there is also no voluntary letter from the President saying he has resigned, which means there is a subsisting President.