UPDATED: Executive Council- Yar’Adua Is Fit To Rule

ONLY YAR’ADUA CAN DETERMINE OTHERWISE- ATTORNEY GENERAL.

San Francisco Jan 27, (THEWILL) – In a twist that most pundits had expected, the Executive Council of the Federation rose from its session with a unanimous resolution that President Musa Yar’Adua was not incapable of discharging the functions of his office.

The Council also resolved that the medical treatment undertaken outside the country by the President did not constitute incapacity to begin the process of removal of the President from office as specified by Section 144 and 146 of the 1999 Constitution of the Federal Republic of Nigeria.

The resolutions adopted by the Council was in response to the ruling of Justice Daniel Abutu on Janaury 22, 2010 which mandated the Council to determine within two weeks whether the ailing President is able and fit to discharge his duties as President and Commander-in-Chief.

The decision of the Council was conveyed to journalists by Attorney General, Michael Aondoakaa during a media briefing at the end of the Council meeting.

During a question and answer session, the controversial Attorney General said that only the President could determine whether he had the capability to discharge the duties of his office adding that the issue of transferring power to the Vice President was purely discretional for the President.

"The medical treatment outside the country does not constitute incapacity to warrant or commence the process of removal of the president from office.

"It is a pure discretional matter left to the President and it can only commence with the president writing the letter, and it is a voluntary transfer of power, which neither of us, nobody has control over it except the President himself. The issue has also been a security matter, it is not a matter that when it is transferred, the whole world as being canvassed, where 
people lay delegation. It has serious security implications, even in the US.”

Referencing the American presidential system in his analogy, Aondoakaa said that in the 226 years of the United States existence the Presidents have only transferred power thrice to their Vice Presidents and it was the Presidents who determined their suitability to continue in office.

"The issue of acting president is a matter which comes under the preview of Section 145. The condition precedent to it is that the president must write for a voluntary transfer of power to the Vice President to act as Acting President. Where the president does, the Vice President automatically assumes the duty of Acting President.

"The Constitution of the Federal Republic of Nigeria does not make any provisions for any swearing in; it is an automatic elevation to that position of Acting President. But the journey must start from the President. We have looked at other jurisdictions and what has happened and how this provision we have in Section 145, whether it exists in other jurisdictions.

"Nigeria practices a presidential system of government that is very identical to that of the US. Under the provisions of the America Constitution, the 25^th amendment has a provision, which is very identical and since the history of America, that provision has only been used three times.

"The first person to assume office under the provisions of voluntary transfer of power was President George H W Bush (Senior). He became the first person in the history of America to be an acting president. Only three times in the history of America has someone acted as President. In all the cases, the self declared incapacity method was used by the president himself, who will write voluntarily to transfer presidential authority to the Vice President.

"The first instance that occurred was on July 13, 1985 when President Ronald Regan underwent surgery to remove cancerous substance from his colon. Prior to undergoing the surgery, he transmitted a letter to the Speaker of the House of Representatives and President Pro tempo of the Senate declaring incapacity; he himself declaring that he will be incapacitated.

"The Vice President George H W Bush acted as President from 11.28am until 7.22pm of the same day. i.e. as soon as the operation finished when Regan transmitted a second letter and resumed the powers of the President.

"The second incident that occurred was on the 29^th of June 2002. President George W Bush (Junior) declared himself temporarily unable to discharge the powers and duties of his office because he was undergoing a surgery, which required sedation. He invoked the 25^th Amendment in his letters given to the White House Counsel who transmitted them by fax to the Speaker of the House of Representatives and President Pro Tempo of the Senate and they contacted Vice President Dick Cheney to advise him on the transfer. Cheney acted as the President for a little over two hours i.e. from 7.09am to 9.24am, where upon, Bush transmitted a second letter resuming powers and duties of the office.

"Lastly, on July 22, 2007 under the same circumstances of 2002 invocation President George W. Bush transmitted a letter to the President Pro Tempo of the Senate and the Speaker of the House of Representatives declaring himself terribly unable to discharge the powers and duties of the office to undergo another surgery, which required sedition. Vice President Cheney acted as President from 7.16am to 9.21am of the same day, becoming the first Vice President to act as acting president for more than once in the history of America.

"In all these, although the public were aware that temporary handover of power would take place, but for security purpose, the actual time it happened was not revealed until Bush resumed his duties as President.

"This is the position of acting presidents in America. In the 266 years of the history of America it has acted, none has been more than one day. This is not saying that the right thing ought not to be done, but we are saying that the issue should not be confused with politics of the day."

The Attorney General was silent on why President Yar’Adua’s letter to the National Assembly, which the Secretary to the Government of the Federation, Yayale Ahmed said he saw and approved of its content, was not delivered to the senate.

The refusal of the President/kitchen cabinet to transfer power to Vice President Goodluck Jonathan still baffles pundits because both men ran on a joint ticket.

Pundits have also said some influential politicians who are benefiting from the Yar’Adua Presidency would rather have things remain the same even though it is obvious that the leader is not fit to discharge his duties. Former governors who are being prosecuted for corruption and graft by the Economic and Financial Crimes Commission (EFCC) have had their prosecution frustrated under the Yar’Adua Presidency and they fear they may lose protection if Mr. Goodluck Jonathan becomes acting president.

The Ministers themselves may lose their jobs too if they had resolved otherwise because all of them owe their appointments to the ailing President.

Mr. Aondoakaa did not say whether the Council examined the President’s medical records before it passed the resolutions.