Home 
News Court rules on NBA's suit next Friday-22/01/2010
| Court rules on NBA's suit next Friday-22/01/2010 |
|
The Chief Judge of the Federal High Court, Justice Dan Abutu,
will, on January 29, deliver judgment in a suit filed by the Incorporated
Trustees of Nigerian Bar Association (NBA), its President, Oluwarotimi Akeredolu
(SAN) and Ibrahim Eddy Mark (General Secretary). Justice Abutu also rules today
on a similar suit filed by former House of Representatives Minority Leader,
Farouk Aliyu and Jigawa State NBA Chairman, Sani Gabbas. He fixed the date after
counsel adopted written addresses yesterday.
The plaintiffs are challenging the refusal of President Umaru
Yar’Adua to write the National Assembly before embarking on a medical vacation
in Saudi Arabia.The President is yet to return since November 23.According to
NBA, the action offends Section 145 of the 1999 Constitution. The plaintiffs want: *A declaration that, in the interest of peace, order and good governance of the Federal Republic of Nigeria, that the Vice-President is under a duty to discharge the functions of the Office of the President as Acting President in accordance with S.145 of the 1999 Constitution, notwithstanding the omission of the President to transmit the written declaration prescribed by S.145. The Attorney General of the Federation (A-GF) and Justice Minister, Mr. Michael Aondoakaa (SAN), led six Senior Advocates of Nigeria (SAN) to defend the President yesterday. They are former Osun State Attorney-General Adegboyega Awomolo, S. S. Ameh, Bolaji Ayorinde, Austin Aleghe, A. Oke and A.A. Ijohor.Adopting the plaintiffs written address yesterday, former A-GF and Justice Minister, Mr. Akin Olujinmi (SAN), who led Chief Amaechi Nwaiwu (SAN), urged the court to invoke Section 145 of the 1999 Constitution. Section 145 requires the President to write the National Assembly if embarking on vacation. Olujimi said the constitution has no room for an absentee President. Aondoakaa asked the court to discountenance the submission of plaintiffs’ counsel. He said the plaintiffs had admitted that the President must write the National Assembly as a condition before the Vice President could be declared Acting President. "The condition precedent has not been met; this case is dead on arrival. Aondoakaa said that the provision of Section 145 that the President should write the National Assembly is a discretional right which he could waive. He said the court lacks the power to declare Vice-President Goodluck Jonathan Acting President, and urged the court to throw out the case. "Let them go to the National Assembly to amend the law that if the President can’t write, the court can write", he said. Olujinmi said "it is not for the court to write, it is for the President to write. If the President omitted to write, the court has a duty to make a pronouncement on that". Aondoakaa said the plaintiffs have no locus standi to institute the action because Section 145 must be read together with Section 144. Olujinmi said the plaintiffs did not raise Section 144 . Section 144 and 145 are mutually exclusive. The Federal Executive Council (FEC) is not under any attack by this action. It is the plaintiffs’ claims that determine jurisdiction. The matter was adjourned till Jan. 29. |
| < Prev | Next > |
|---|
