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Federal High Court sitting in Abuja onWednesday ruled that Vice-President, Goodluck Jonathan should startexercising the powers of president, pending the time President UmaruYar’Adua would return from a hospital in Saudi Arabia where he has beenundergoing treatment for the past 52 days.
This is coming just asthe National Chairman of the Peoples Democratic Party, Chief VincentOgbulafor, said that Jonathan was capable to act as president pendingYar’Adua’s return.
Ogbulafor said this in Abuja on Wednesday while responding to questions from journalists at a press conference he addressed.
He said Yar’Adua would not have picked Jonathan as his deputy if he doubted his capability to act in his absence.
Butthe Chief Judge of the Federal High Court, Justice Daniel Abutu, whodelivered the ruling in a case filed by a lawyer, Mr. ChristopherOnwuekwe and argued by Mr. Amobi Nzelu, noted that Yar’Adua did notsend any letter to the National Assembly to enable his deputy exercisethe powers of the President pending his return from Saudi Arabia.
Hesaid, “It is hereby declared that by the provision of Section 5(1) and148(1) of the 1999 Constitution, the vice-president can, on the basisof an assignment or delegation by the President to him of the executivepowers of the President under the constitution, exercise the executivepowers vested in the President under the constitution in the absence ofthe President.
“It is further declared that the vice-presidentcan, on the basis of the delegation or assignment to him by thePresident, of the President’s executive powers under the constitution,lawfully discharge any or all of the functions of the President underthe constitution in the absence of the President in the interest ofpeace, order and good government, pending when the President returns toassume duty.”
For this anomaly, the Judge said that thevice-president could not become an acting president but could, however,carry out the functions of the president in his absence under Section 5(1) of the 1999 Constitution.
Section 5 (1) of the constitutionprovides that subject to the provisions of this constitution, theexecutive powers of the federation:
(a) shall be vested in thePresident and may subject as aforesaid and to the provisions of any lawmade by the National Assembly, be exercised by him either directly orthrough the vice-president and ministers of the government of thefederation or officers in the public service of the federation; and
(b)shall extend to the execution and maintenance of this constitution, alllaws made by the National Assembly and to all matters with respect towhich the National Assembly has, for the time being, power to make laws.
Thecourt also noted that the Attorney-General of the Federation did notargue the issue of locus standi which was raised in his defendants’written address in response to the plaintiff’s originating summonsdated January 7, 2010.
For this reason, the court held that “the issue of locus has been abandoned.”http://punchng.com/Articl.aspx?theartic=Art20100114014350
Topic: Jonathan can perform presidential functions – Court (Read 255 times)
November 21, 2009, 04:58:00 AM