Date Published: 01/13/10

Jonathan can excercise Presidential powers -Judge rules

A Federal High court sitting in Abuja ruled on Wednesday that Vice President Goodluck Jonathan can excercise presidential powers in the absence of President Umaru Musa Yar'Adua 

Justice Abutu relied on sections 5(1) and 148(1), of the 1999 constitution. 

The court ruled on a case brought by an attorney, Christopher Onwuekwe, over the President's long absence from home without handing over to Jonathan. 

The plaintiff claimed that the only way out is to empower Jonathan to exercise Presidential powers until Yar'Adua's returns.

Onwueke had dragged the Attorney-General, Michael Aondoakaa, and the Federal Executive Council (FEC), to court. He was represented by Amobi Nzelu.

Aondoakaa, Mrs A.O Mbamali, and Chinedu Achume represented the defendants.

The order stated “ That it is hereby declared that by the provisions of sctions 5(1) and 148(1), of the 1999 constitution, the vice president can on the basis of an assignment or delegation by the President to him of the executive powers of the President under the constitution, exercise powers vested in the President under the constitution in the absence of the President”

It said further “That it is further declared that the vice President can, on the basis of the delegation or the assignment to him by the President of the President’s executive powers under the constitution, lawfully discharge any or all of the functions of the President under the constitution in the absence of the President, in the interest of peace, order, and good governance, pending when the President returns to assume duties”