The Federal high court sitting in Abuja has given the Federal Executive Council (FEC) a 14 day ultimatum to come up with true position on the health of President Umaru Musa Yar’Adua. The court ruling directed the cabinet to pass a resolution about whether he “is incapable of discharging the functions of his office”.
The Federal High Court ruled that cabinet should hear testimony from five doctors, one of whom should be the president’s personal physician. If cabinet decides that the president is not fit to carry out his duties, the vice-president would take over, the court ruled.
The court was responding to a law suit brought by opposition activist Farouk Adamu Aliyu.
He had asked for the judges to sack the president over his failing health and for failing to abide by the provisions of the constitution.
In another suit before a Federal high court sitting in Abuja, the court has been asked by Mr. Femi Falana to declare that the decision taken by the Federal Executive Council (FEC) since the November 23, 2009 for medical treatment in Saudi Arabia is illegal and unconstitutional.
He said the action of the FEC members violates Section 148 (2) of the 1999 constitution, asking the court to compel President Umaru Musa Yar’Adua to transmit a written declaration to the Senate President and the Speaker of the House of Representatives that he has proceeded on medical vacation and to empower the the Vice President, Goodluck Jonathan to discharge the unctions of the President as Acting President of Nigeria.
In the suit he filed before the court, Falana is asking the court to determine whether the Vice President can discharge the functions of the President without a ritten declaration transmitted to the Senate President and the Speaker of the House of Representatives by the president to the effect that he is proceeding on vacation.
Falana wants the court to determine whether the Vice President can exercise the powers of the President under Section 148 of the 1999 Constitution when the President has not transmitted a written declaration to the President of the Senate and the Speaker of the House of Representatives.
He asked the court to declare the following in the suit:
• A declaration that the failure or the refusal of President Umaru Musa Yar’Adua to transmit a witten declaration to the President of the Senate and the Speaker of the House of Repesentative before proceeding on medical vacation on November 23, 2009 is illegal and unconstitutional as it violates Section 145 of the Constitution of the Federal Republic 1999.
•A declaration that by virtue of Section 145 of the 1999 Constitution of the Federal Republic o Nigeria 1999 the Vice President cannot discharge any of the functions of the the President without a written declaration transmitted to the Senate President and the Speaker of the House of Representatives by the President to the effect that he is proceeding on vacation or that he is unable to discharge his functions.