YAR’ADUA: Drama As Chief Judge Recuses Self In Falana Suit

ADJOURNS HEARING AND RULING IN OTHER CASES TO JANUARY 20 AND 22.

San Francisco Jan 14, (THEWILL) – Justice Dan Abutu, the Chief Judge of the Federal High Court and presiding judge in the suits brought against Nigerian President, Umaru Musa Yar’Adua over his refusal to transfer power to the Vice President has agreed to recuse himself as judge in the suit filed by Mr. Femi Falana.

When the suit came up for hearing on Thursday, Mr. Falana told Justice Abutu that his ruling on Wednesday on a similar suit failed to address whether the President’s absence from the country for more than 50 days was not good reason for the Vice President to be made acting President as recorded in the 1999 Constitution. Falana politely told the judge that since he had already made a profound ruling ignoring the issue in question, he would prefer the judge excuse himself from the suit and transfer it to another judge.

The obviously shocked Justice Abutu agreed to the request and transferred suit to Justice Adamu Bello of court 2.

In a suit filed on Wednesday by one Christopher Onwuekwe asking the court to declare that the Vice president can exercise Presidential powers, Justice Abutu ruled as follows:

“It is hereby declared that by the provision of Section 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 the executive powers vested in the President under the Constitution in the absence of the President.

“It is further declared that the Vice President can on the basis of the delegation or 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 government, pending when the President returns to assume duty."

Interestingly, the judge failed to make any pronouncements on the implications of the President’s continued absence from the country, which has caused a lot of furor.

Some analysts have said the ruling was neither emphatic nor definitive.

Falana who had earlier called Wednesday’s ruling “meaningless” told the press after the suit was transferred that:

“There was a judgment delivered in this case yesterday in which the Chief Justice made a very profound and definitive pronouncement on the reliefs I am seeking in court, I, therefore felt that I needed to have another judicial opinion.”

Earlier, Justice Abutu had adjourned the case filed by a former minority leader in the House of Representatives, Mr. Farouk Aliyu and the Chairman of the Jigawa State chapter of NBA, Mr. Sani Gabbas, to January 22, 2010 after their lawyer, Mr. Bamidele Aturu, made an appeal to the court to declare that it was illegal for Yar‘Adua to travel for health reasons without officially handing over to the VP.

Aturu said, “Although there is no precedent for this sort of case in Nigerian jurisprudence, it is our submission that this court has a duty to determine what length of absence would justify the conclusion that a President who is evacuated on medical grounds out of the country suffers permanent as opposed to temporary incapacity.

“It is our submission that a period of one month, without being on vacation and without any contact with the vice-president and other members of the Executive Council of the Federation including the defendants constitutes permanent incapacity.

“In reaching this conclusion, the court should read and give effect to section 148(2) of the constitution which provides that:

“The President shall hold regular meetings with the vice-president and all the ministers of the government of the federation.”

Aturu also urged the court to hold that the failure of the President to transmit the necessary declaration under Section 145 of the constitution was a breach of his oath of office under the Seventh Schedule to the Constitution.

The case filed by the NBA also came up for hearing. Justice Abutu adjourned it to January 20, 2010.

President Umaru Musa Yar’Adua was evacuated from Nigeria to the King Faisal Hospital in Jeddah, Saudi Arabia on November 23, 2009.