Date Published: 12/15/09

Falana drags FG to court, wants Jonathan sworn in as President

Femi Falana

Mr. Femi Falana, has dragged the Federal Government to the Federal High Court in Abuja, seeking to compel President Umaru Yar’ Adua to inform the National Assembly about his hospitalisation and empower Vice-President Goodluck Jonathan to take charge of governance.

In suit No FHC/ABJ/CS/732/09 filed on Tuesday, the plaintiff is asking the court to hold that that it is illegal for the President to travel abroad for medical treatment without transmitting information about it to the National Assembly.

Falana is also seeking an order of mandatory injunction compelling Yar’Adua to transmit a written declaration to the Senate President and the Speaker of the House of Representatives that based on his medical trip to Saudi Arabia, Jonathan should be empowered to lead the nation as the Acting President of Nigeria.

The plaintiff’s lawyer, Mr. Sola Egbeyinka, had filed the suit on behalf of the WABA president and joined the Atorney-General of the Federation and Minister of Justice, Mr. Michale Aondoakaa (SAN), as the sole defendant.

The lawyer is also asking the court to determine whether the President’s refusal or failure to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives before proceeding on the trip on November 23, 2009 was not a violation of Section 145 of the 1999 Constitution.

The plaintiff further asked the court to determine whether Jonathan can discharge any of the functions of the President when a written declaration has not been transmitted to the Senate President and the Speaker of the House by Yar’Adua pursuant to Section 145 of the constitution.

He also asked the court to determine whether the weekly meetings of the Federal Executive Council held since November 23, 2009 and the decisions taken by the council were not illegal and unconstitutional by virtue of Section 148 of the constitution.

In the suit, the plaintiff is also said that, “before his medical vacation, the President had nominated Justice Aloysius Katsina-Alu and Justice Ayo Salami as the Chief Justice of Nigeria and President of the Court of Appeal respectively subject to the confirmation of the Senate; after the President had proceeded on vacation, Justice Umaru Abdullahi retired officially as the President of the Court of Appeal on the 30th day of November, 2009; owing to the absence of the President, the most senior justice of the court has not been officially sworn-in as the Acting President of the Court of Appeal as required by the 1999 Constitution.

He also said that unless the Senate confirmed the appointments of Katsina-Alu and Salami as soon as possible, the administration of justice at the highest level of the judiciary may be brought to a halt due to the absence of the President; several cases involving his clients would not be attended to if the appointments of the CJN and President of the Court of Appeal are not regularised as a result of the President’s medical vacation; if the appointment of Katsina-Alu is confirmed as the Chief CJN by the Senate, he has to be sworn-in by the President

According to him, “I know as a legal practitioner that the meetings of the Council of State, the National Defence Council, National Security Council, Nigeria Police Council and the Federal Executive Council cannot be held in the absence of the President as he is required to preside over them in his capacity of the Chairman; in the conclusion of the last two meetings of the FEC presided over by the Vice-President, it was announced in the print and electronic media that the approval to the award of the following contracts:-

(i) An International Development Association policy credit of $500m for bridging the shortfall in the 2009 Budget; (ii) Supply of one unit of IG7 generator assembly and spares for Kainji Hydro Electric River PLC for E4.352M; (iii) Upgrade/expansion of Existing gas metering facilities at the Sapele power station for $26.4m and N1.1bn.

Falana said he believed that “a written declaration by the President to the Senate President and the Speaker of the House of Representatives to the effect that he is on medical vacation will enable the Vice President to discharge the functions of the President in an acting capacity; that I know as a fact that President George Bush of the United States of America, President Fidel Castro of Cuba, President Levy Manawasa of Zambia and Prime Minister Aeriel Sharon of Israel and President Ahidjo of Cameroun handed over to their deputies when they were sick in office; the vacuum being experienced in the Presidency was never contemplated by the constitution. Hence a vice-president was elected with the President on the joint ticket on the same Political Party i.e Peoples Democratic Party; as far as the constitution is concerned, the vice-president is required to be the Acting President whenever the President is on vacation or otherwise unable to discharge the functions of his office; that unless the reliefs sought by the plaintiff are granted, Nigeria may be plunged into a serious constitutional crisis which may be exploited by anti-democratic forces.

No date has been fixed for the hearing of the case. The application was backed with a 10-paragraph affidavit deposed to by Mr. Samuel Ogala.