YAR’ADUA'S HOSPITALIZATION: Falana Heads To Court

Lagos (THEWILL) – Activist and lawyer Mr. Femi Falana has filed a suit at a Federal High Court in Abuja asking the court to determine whether ailing President Yar’Adua’s refusal to write the National Assembly before embarking on a medical leave is not a violation of section 145 of the nation’s Constitution.

The suit with No FHC/ABJ/CS/732/09 filed on Tuesday named Attorney General and Minister of Justice Michael Aandooaka as only defendant.

Falana is urging the court to compel President Yar’Adua to formally inform the National Assembly about his hospitalization, and also make a declaration that:

By virtue of Section 145 of the Constitution, the Vice President cannot discharge any of the functions of the President without a written approval transmitted to the Senate President and the Speaker of the House of Representatives by the President to the effect that he is proceeding on vacation or that he is unable to discharge his functions.

A declaration that the meetings of the Federal Executive Council held since November 23, 2009 till date and the decisions taken there are illegal and unconstitutional, as they violate Section 148(2) of the Constitution of the Federal Republic of Nigeria and an order of mandatory injunction compelling President Alhaji Umaru Musa Yar’Adua to transmit a written declaration to the Senate President and the Speaker of the House of Representatives that he has proceeded on medical vacation to empower the Vice President, Dr. Goodluck Jonathan to discharge the functions of the President as acting President.

The suit was supported by an affidavit deposed to by Mr. Samuel Ogala.

President Yar’Adua left Abuja on Monday November 23, 2009, to seek treatment for acute pericarditis at the King Faisal Specialist Hospital in Jeddah, Saudi Arabia without formally notifying the National Assembly.

The President’s action has generated lots of discussions and debate amongst policy analysts and constitutional lawyers.

Nigeria’s Attorney General and Minister of Justice while addressing a press conference on Tuesday maintained that the President could perform his duties from his hospital bed.

The Chairman of the Nigerian Bar association, Mr. Rotimi Akeredolu (SAN) has repeatedly urged the President to either resign immediately or transfer power to the Vice President.