…Coordinator of  national affairs not known to constitution

–Ozekhome, Ubani    …No cause for alarm- Festus Okoye 

By Ismail Omipidan, Fred Itua, Magnus Eze, Abuja and Romanus Okoye, Lagos

Controversy yesterday trailed the fresh letter written by President Muhammadu Buhari to the National Assembly intimating it of his decision to proceed to the United Kingdom, for “a scheduled medical follow up.”

The controversy stemmed from the President’s choice of words, which according to Senator Mao Ohuabunwa, were ambiguous.

According to the Abia Senator, the President, in his letter stated that Vice President Yemi Osinbajo would coordinate the activities of government on his behalf while he was away, insisting that by virtue of the President’s letter, the status of Osinbajo as acting President, was not clear.

But reacting to the development, Kaduna lawyer and human rights activist, Mr. Festus Okoye, told Daily Sun that there was no cause for alarm.

According to him, there was no ambiguity in Section 145 (1) of the constitution as it has a “mandatory and automatic application.

“Once there is a written communication from Mr. President to the effect that he is going on leave or vacation, no matter whether it is stated in his letter expressly or not, the Vice President automatically becomes acting President.

“Saying he will coordinate the affairs of government, to me, goes to emphasise that he (Osinbajo) is absolutely and completely in charge of government, no encumbrance in the performance of his duty as acting President.

“I believe it is because of this kind of situation that the framers of the constitution, went further to add section 145 (2) in the constitution, which stated among other things that if for any reason, the President fails to transmit a letter, after 21 days, the National Assembly will make the Vice President, an acting President.

“We must learn to have faith in our constitution.”

Chief Mike Ozekhome (SAN), said the National Assembly has the sole prerogative to accept or reject the president’s letter under section 145 of the Constitution, which referred to Osinbajo as “Coordinator of National Affairs”.

He said: “In that case, a needless constitutional crisis would have arisen, as a big vacuum in governance would have been created. In my humble opinion, in these times that try our souls, task our patience and sap our energy, matters like this are better left to lie low.”

He emphasised that there was nothing like “Coordinator of National Affairs” in the Constitution: “That is a strange importation of an unknown term into our Constitution.

“Section 145 of the 1999 Constitution specifically refers to ‘Acting President’, who ‘shall perform the functions of the President as Acting President whenever the president is proceeding on vacation or is otherwise unable to discharge the functions of his office.”

The second Vice President, Nigerian Bar Association (NBA), Mr. Monday Ubani, said:

“Any wording outside what the constitution provides should be ignored. The constitution is supreme.”

Abuja-based lawyer and rights activist, Mr. Ugochukwu Ezekiel, said what was in the president’s letter was an issue of semantics:

“My take is that the President has fulfilled the provisions of the Constitution as it affects the hand over to the Vice President in his absence as enshrined in Section 145 of the Constitution.

“The law is clear that once the law has sufficiently provided for a particular act, the use of language is mere semantics.

“Since the President mentioned the particular provision of the Constitution, the basis of which he transmitted the letter to the National Assembly, the Senate was right to have given effect to the letter of the President to confirm the Vice President as Acting President.

“We should be more serious in the affairs of our nation and should not play with semantics on issues of national importance.”

In a related development, a non-governmental organization, Advocacy for Integrity and Economic Development (AIED), described the designation of Osinbajo as “coordinator of national affairs” via the notice of medical vacation submitted to the National Assembly by Buhari as a desecration of the Office of the President and a complete aberration.

Its Director of Research and Publicity, Comrade O’Seun John, accused the “cabal” within the Presidency of plotting to create confusion in the country by its continuous interference with the decision of the President.

According to AIED: “The new designation of Professor Osinbajo can only be interpreted to mean that President Buhari does not trust him enough to act as the President in his absence. With this reality, we are now forced to ask: who does President Buhari truly recognise as the Acting President? “

A mild clash had ensued on the floor of the Senate yesterday over the status of the Vice President in the absence of the President.

Trouble started after Senate President Bukola Saraki formally read a letter from Buhari informing the parliament of his trip.

Saraki told his colleagues that Vice President Yemi Osinbajo would perform the functions of the President, while Buhari was away.

The President wrote: “In compliance with section 145 (1) of the 1999 Constitution as amended, I wish to inform the distinguished Senate that I will be away for a scheduled medical follow-up with my doctors in London. The length of my stay will be determined by the doctor’s advice.

“While I am away, the Vice President will coordinate the activities of the government. Please accept the distinguished Senate President the assurances of my highest consideration.”

Ohuabunwa raised a point of order as soon as Saraki concluded, to draw the attention of his colleagues to what he described as deficiencies in the letter.

He said Buhari was ambiguous in his letter, by claiming that Osinbajo would coordinate activities of the country in his absence. Unlike previous letters, Ohuabunwa claimed that Buhari did not officially transmit power to Osinbajo as prescribed by the constitution.

He argued that the letter should be returned to the Presidency to reflect what was captured in Section 145 of the 1999 Constitution, as amended.

Quoting Section 145 of the 1999 Constitution as amended, Ohuabunwa thundered: “Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives, a written declaration that he is proceeding on vacation or is otherwise that he is unable to discharge the functions of his office until he transmits to them the written declaration to the contrary, such function shall be discharged by the Vice President as Acting President.”

Ohuabunwa, was, however, ruled out of order by Saraki.