Recall that the President of the Federal Republic of Nigeria, President Umaru Musa Yar’Adua travelled out of the country since November 23, 2009, presumably for medical attention. Since that day Nigerians have not seen their President. As a result, for some time now, Nigerians have mounted pressure on the Federal Executive Council of the Federation to invoke section 144(1)(a) of the 1999 Constitution of the Federal Republic of Nigeria to declare the President medically incapable of performing the functions of his office.

However, unknown to Nigerians, the Federal Executive Council of the Federation has already complied with section 144(1)(a) of the Constitution of the Federal Republic of Nigeria and has declared President Umaru Musa Yar’Adua incapable of discharging the functions of his office. Why do I say so?

Section 144(1)(a) of the Constitution of the Federal Republic of Nigeria states as follows:

“The President or Vice-President shall cease to hold office, if-

(a)           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 his office.”

On Wednesday, February 10, 2010, during the Federal Executive Council meeting, the Council passed a Resolution accepting the Resolution of both Houses of the National Assembly which made Goodluck Jonathan the “Acting President”. Now, what is that “Resolution” which the Federal Executive Council accepted and adopted as its own?

The Resolutions states in part:

‘However, on 12 January, 2010, Mr. President informed Nigerians through the British Broadcasting Corporation (BBC), that he was receiving medical treatment in Saudi Arabia, and would only return to Nigeria to resume his functions as President when his doctors so certify.” (emphasis mine).

The phrase “to resume his functions”, means at the moment, he cannot discharge those functions and would only resume discharging the functions if his doctors say so. “Would only” means he is no longer in control of his own destiny and he is unsure whether he will resume his duties or not.

Even if the Resolution of the National Assembly is unconstitutional as some people say, by accepting and adopting this Resolution containing the President’s declaration as its own, the Federal Executive Council has passed that Resolution afresh as its own and has substantially complied with section 144(1)(a) of the 1999 Constitution of the Federal Republic of Nigeria which now makes the Resolution constitutional as far as the Council is concerned. This is because, the only section in the whole Constitution which gives power to the Federal Executive Council to pass this kind of Resolution on the medical condition of the President is section 144(1)(a) quoted above. Therefore, by adopting the Resolution of the National Assembly, the Federal Executive Council was exercising its powers under section 144(1)(a) of the Constitution.

What is next? Section 144(1)(b), (2), (3) and (4) state as follows:

“(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.

(2) Where the medical panel certifies in the report that in its opinion the President or Vice-President is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the President of the Senate and the Speaker of the House of Representatives shall be published in the official Gazette  of the Government of the Federation.

(3) The President or Vice-President shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.

(4) The medical panel to which this section relates shall be appointed by the President of the Senate, and shall comprise five medical practitioners in Nigeria…”

As a result of subsection 4 above, the ball is now in the court of the President of the Senate to appoint the medical practitioners to ascertain the health status of the President and report back to him and the Speaker of the House of Representatives. If they arrive Saudi Arabia and they cannot have access to the President, that will be res ipsa loquitor (the facts speaks for themselves). In other words, it would now be certain that the President is not even healthy enough to see anybody or receive any visitor and the doctors can then file in their report as such.

TAKE NOTICE that I am giving you THREE (3) CLEAR DAYS FROM TODAY, the 16^th of February, 2010, to appoint the medical panel stipulated under section 144(4) above since the Federal Executive Council has discharged its functions under section 144(1)(a) of the Constitution of the Federal Republic of Nigeria and the ball is now in your court.

TAKE FURTHER NOTICE that if you fail, refuse and/or neglect to so act, I shall be proceeding to court against you to save this democracy an avoidable collapse.