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The not-too-
cordial relationship between the executive and the
legislature turned frosty yesterday, as the Senate said
it would not recognise Vice President Goodluck Jonathan
as the acting president of the Federal Republic of
Nigeria.
The upper legislative chamber presided over
by senator David Mark yesterday, also maintained that
President Umaru Musa Yar'Adua did not formally write it
to inform it that he was proceeding on a two -week
vacation, contrary to the provision of Section 145 of
the 1999 constitution of Nigeria.
As a result, a
statement from the office of the secretary to the
government of the federation said that Vice President
Jonathan would act as the president. But the Special
Adviser to the President on Media and Communications,
Mr. Segun Adeniyi told State House correspondents
yesterday that the president did not hand over to the
vice president 'per se'.
Coming under a
constitutional point of order, and citing Section 145 of
the 1999 constitution and Order 40 ( I ) of the Senate
Rules, Senator George Thompson Sekibo [PDP-Rivers]
wondered why the president could not officially inform
the Senate and the House of Representatives that he was
going on leave and that the Vice president would be the
Acting president.
Senator Sekibo also questioned the
rule of law propaganda of the president when he can not
abide by the provisions of the 1999 constitution which
he swore to protect and obey.
According to
Sekibo, who displayed copies of LEADERSHIP and THISDAY
newspapers that reported that the Vice President took
over as Yar'Adua goes on leave.
"I don't know
whether the President has transmitted message to the
Senate president to the point that he is going on leave.
"I want to know if he has written and the Senate is
not aware. We are talking about rule of law. We must
abide by constitutional provision. Last year
speculations abound about his where about and suddenly
he appeared. Senate must protect Nigeria and the symbol
of authority is the president"
Mark now
responded, " I really don't see the point you read in
section 145 of the 1999 Constitution. What is the issue
here is that of transmitting to us that he is going on
leave or that the vice president is acting" The senate
president then called on Senator Sola Steven Akinyede
[PDP-Ekiti] who objected to Seikibo's point of Order,
saying that it was not mandatory for the president to
transmit such a letter.
In his own contribution,
the Senate Leader, Senator Teslim Folarin said, "The
point is that he has not communicated to the Senate
president."
Mark however said, "He has not
transmitted to me, well in the event that he does the
Vice president is the Acting president.
Section
145 of the 1999 constitution states: "When ever 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"
Order
40(i) of the Standing Rules of the Senate
equally states: "The president of the Senate
shall immediately after prayers or as soon
as any new senator -elect has taken the oath
affirmation of allegiance read to the senate
any message addressed to the Senate by the
president of the Federal Republic of
Nigeria" |
