Yar’Adua’s Loyalists Out To Thwart Court Ruling

Source: The Nation Newspaper Published:Monday, January 25th, 2010

President Umaru Yar’Adua’s loyalists are in a scramble for a strategy to skirt around the order the Abuja Federal High Court gave the Federal Executive Council (FEC) last Friday on his health status.

There was speculation at the weekend about his premature return from Saudi Arabia, where he has been receiving medical treatment since November 23 last year, a move that would stall the invocation of Section 144 of the Constitution.

The court ordered the FEC to “deliberate within 14 days, consider and pass a resolution in accordance with Section 144 of the Constitution, whether the President is capable of discharging the functions of his office.”

The FEC has up to February 5 to do so.

Justice Daniel Abutu noted that the court could not make an order declaring Yar’Adua permanently incapacitated, as Section 144 gives such powers to only the FEC.

Members of Yar’Adua’s inner cabinet, the Katsina Mafia, are sketching three strategies to ensure his stay in office in spite of ill health.

The first is to ensure his urgent return, backed with massive media publicity of fitness, before expiration of the court order.

The second is for the FEC to create a logjam that ensures that the two-thirds majority resolution required by Section 144 for the setting up of a medical panel is not achieved.

The third option is to influence the report of the medical panel to ensure that Yar’Adua is not declared unfit to stay in office.

It was learnt that the first option is considered the best, “except that he would be required to perform functions required by his office as a proof of full recovery.”

The second option would have to be sanctioned by federal Attorney General and Justice Minister, Michael Aondoakaa, to be sure it does not breach the court order.

Section 144 demands that a resolution for the constitution of a medical panel must receive a two-thirds majority vote of FEC members indicating that Yar’Adua is incapable of discharging the functions of his office.

Such a declaration must be forwarded to both the Senate President and the Speaker of the House of Representatives and must be verified by a medical panel to be appointed by the Senate President to examine and establish the health status of the President.

Sources at the Villa noted that, so far, all the Ministers and aides of Yar’Adua have put up strong defence against invocation of Section 144 which gives them the liberty to either sack or retain him.

Deputy Senate Leader, Victor Ndoma-Egba, said on Sunday that the procedure outlined by the Constitution is awkward and could give room to manipulation, since the court order may be defeated on the excuse of inability to secure a two-thirds majority of the FEC.

Ndoma-Egba, a Senior Advocate of Nigeria, noted that where the medical panel certifies that Yar’Adua is suffering from an infirmity that stops him from performing his duties, the report would be published in the Official Gazzette.

Asked if the report could be faulted, he replied, “Section 144 is conclusive and decisive. Section 145 is a temporary arrangement. Section 143 is impeachment, which implies that the President must first commit an offence amounting to gross misconduct.”

From purely legalistic point of view, Ndoma-Egba disclosed, the strategies by the FEC to scuttle the court order may work because it simply compels them to invoke the Constitution through the process outlined there.

“The court, in my opinion, has asked them to take steps in compliance with Section 144, I don’t think it compels them. They are simply asked to implement that Section of the Constitution.

“Yes, they can come back to say that they could not get a two-thirds majority; and for that reason a resolution could not be sent to the leadership of the National Assembly as demanded by the Constitution. That, however, would be unfortunate.

“The medical panel can also be manipulated. But it depends on who the members are. Even on its own, the medical panel can rule in favour of (Yar’Adua) depending on their findings.

“I wish the Constitution did not ask the FEC to adopt a resolution before the panel is set up. In that case, you could be sure of a certain level of independence.

“Well, good enough, the medical panel would be constituted by the Senate President but the FEC must first adopt a resolution. The question then is, will the FEC members sack their boss?”

In the Senate, there is an allegation of a N1.2 billion bribe attempt to split lawmakers’ deliberation on Yar’Adua’s health tomorrow, but the Chamber said it would not be compromised.

Senate Spokesman, Ayogu Eze, noted in a statement on Sunday that while the Constitution guarantees freedom of information, those behind the bribery report must also respect the freedom of other Nigerians.

He challenged them to expose lawmakers involved in the bribery attempt, adding that the story is meant to cause panic in the Upper House.

“The Senate will meet on Tuesday to discuss the issue of (Yar’Adua’s) health. Every member shall be entitled to his or her opinion at the end of which we shall base our action on the aggregate view of all Senators. Even then, we shall be guided by the Constitution in whatever we shall do or say.

“The Senate cannot be compromised. Besides, there is no issue to contemplate settling anybody, outside the few individuals who have become accustomed to the culture of being settled on every issue,” Eze said.

Peoples Democratic Party (PDP) National Publicity Secretary, Rufai Alkali, reacted by advising the party’s Board of Trustees (BoT) Chairman, former President Olusegun Obasanjo to watch his tongue.

Obasanjo had last Thursday asked Yar’Adua to resign if he knows he is medically unfit to rule.

But Alkali noted that, “The general condemnation which his statement has attracted nationwide in the last few days shows that his comments are ill timed, in bad taste and have not in anyway added value to the dominant issues of the day.”

All Nigeria Peoples Party (ANPP) National Publicity Secretary, Emma Eneukwu, demanded an apology from Obasanjo for trying to exonerate himself from imposing Yar’Adua on Nigerians.

He said Obasanjo “has once again shown the great deceit that he is, by publicly declaring that he had no hand in the political brigandage which he supervised in 2007, through his infamous ‘do or die’ political philosophy, which helped to force (Yar’Adua)” on Nigeria.

Pro-National Constitution Conference (PRONACO) Chairman, Anthony Enahoro, noted that the country would not have fallen into the constitutional morass if the constitution produced by the PRONACO had been adopted.

The mega party at the weekend presented its final report, manifesto and constitution to its national leader, Enahoro, for endorsement, and he charged the opposition to provide an alternative to the PDP.

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