UPDATED: Yar’Adua: Senate Wants Yar’Adua To Transmit Letter

N/A SOURCE- PRESIDENCY TO FORWARD LETTER IN A DEAL WITH SENATE.

Abuja Jan 27, (THEWILL) – The Nigerian Senate on Wednesday passed a resolution urging President Umaru Yar’Adua to transmit a letter notifying the Senate of his medical leave to enable the Vice President become acting president, but did not give the ailing President an ultimatum to comply with its resolution.

Umaru Yar’Adua has been a patient at the King Faisal Hospital in Jeddah, Saudi Arabia since November 23, 2009 because of complications linked to Churg Strauss syndrome.

The Senate after another round of heated closed door deliberations which started at 11.05 a.m. and ended at 1.58 p.m. WAT, passed three resolutions one of which urged the President to “formally notify the National Assembly of his medical vacation pursuant to Section 145 of the 1999 Constitution of the federal Republic of Nigeria.”  

The resolution which came as a shock to the President’s kitchen cabinet may have forced them into a deal with the Senate leadership. An impeccable Senate source told THEWILL that the leadership of the Senate and the Presidency reached a deal when it became obvious the Pro Jonathan/Pro-Constitution senators would carry the day. The deal struck was that the president would transmit a letter as soon as possible to the National Assembly which would allow the Vice President become acting president but as soon as the President declares his fitness to take over, power will be automatically transferred back to him. “This was why the Senate did not include a time limit for the letter to be forwarded,” the source added.

During the session, THEWILL gathered that both camps pushed arguments on why their position was a better solution to resolving the crisis created by the President’s illness and absence from the country.

The other resolutions reached by the Senate was a mandate to the Senate Ad Hoc Committee on the Review of the 1999 Constitution to propose an amendment for Section 145 of the Constitution which some pundits have torn apart because it does not explicitly mandate the President to write the National Assembly nor does it proffer an alternative measure in the case that the President is in full incapacitation and cannot sign a letter.

The third resolution was a request for Nigerians to continue to pray for the President’s recovery.

Briefing the media at the end of the session, Senate Spokesman, Senator Ayogu Eze said the Senate was pro-Constitution and remained one undivided body.

He said, “For the past two days, five hours yesterday and about three hours today, the Senate had been engaged in very intense debate and examination of all the issues involved - constitutional, social, political and at the end of an exhaustive deliberation, we have decided to speak like statesmen because even though there were certain limitations we have in the constitution. We embody the mandate of the people of Nigeria and we try to reflect their aspirations and their desires in whatever we do; and, that is what has guided the decision we took today.

“I also need to emphasize that there has never been any division along the lines that has been speculated in the newspapers, either politically, tribally, ethnically or even against personalities. The Senate has been treading carefully and looking at all the issues. The Senate has been united behind the Constitution. All the time you have been speculating, there has been only one group and that was the group that is pro-constitution and the group that is pro-constitution is the group of 109 Senators.

“Today, you saw when the question was put, it was a resounding applause because all the issues have been considered; all the views have been taken on board, and people have had the opportunity to ventilate and express themselves and have benefited from the wealth of expression that came from the different Senators.”

Admitting that the Senate was late in urging the President to write the National Assembly, Ayogu said, “We are satisfied that what we have done now is in the best interest of the country to ease the tension and move Nigeria forward and that is why we have resolved to urge the President to honour Section 145 by notifying the National Assembly that he has proceeded on medical vacation, even though it is going to be in arrears as it were.

“We have come to the conclusion that it is right that the spirit of that provision be respected.  We also asked that this matter be committed to our committee on the review of the 1999 Constitution so that they will take into consideration the kind of confusion and the kind of unanticipated problem that arose from Section 145 because of its lack of specificity.”

“If the sections were specific, this would have been a matter that would have been behind us and of course we also urged Nigerians to continue to pray for the speedy recovery of Mr. President. We also urge you the pressmen and other Nigerians to join the praying train. We all wish the President well, and we wish him speedy recovery and we all wish the Nigerian people well.  We have acted in the best interest of the Nigerian people.”

Asked why there was no ultimatum attached to the resolution, he said, “When we looked at that issue, we considered that what we are trying to do was to find a political solution to a very difficult problem and, in doing so, you do not exacerbate the situation by giving ultimatum and sounding like a military institution.

“I believe that the notice from the Senate on the need for Section 145 to be respected is strong enough and I believe that we have delivered the message, the entire message that needs to be delivered.”

On the Senate’s line of action if the president does not honour the resolution, he said, “I think that it will be irresponsible on the part of the Senate to begin to anticipate what the President will do or not do. 
 I think that we have put the matter the way we should put it and we expect that it will produce result.  We do not want to begin to engage in dangerous speculations that will further heighten tension in the land; and we are convinced that the right thing will be done.”

Pundits have hailed the Senate for its resolution. The Presidency has not officially responded to the resolution.