The Senate affirmed on Tuesday that Yemi Osinbajo is the Acting President of Nigeria pending the return of President Muhammadu Buhari from medical vacation.
Relying on Section 145 of the 1999 Constitution (as amended), it insisted that Vice President, Yemi Osinbajo is Acting President since there is no provision for Coordinating Vice President in the Constitution.
Consequently, it overruled Buhari’s letter that Osinbajo would only coordinate the affairs of government as ‘Vice President’.
This followed a protest on the floor by Mao Ohuanbunwa (PDP, Abia North) against what he called suspicious ambiguity in the contents of the President’s letter.
Although Senate President Bukola Saraki ruled the lawmaker out of order, he however maintained that Osinbajo is Acting President.
President Buhari had in letter dated May 5th 2017 which was read by Saraki, informed the Senate that he would be away for a scheduled medical follow up with his doctors in London.
The President also told the Senate that while he was away, the vice president will “coordinate activities of the government.”
He said that the length of his stay in London will be determined by his doctor’s advice.
“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,” the letter reads in part.
Section 145 of the constitution states that: “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 that he is otherwise unable to discharge the functions of his office, until he transmits to them a written declaration to the contrary such functions shall be discharged by the Vice-President as Acting President.”
Hardly had Saraki concluded reading the letter when Mao Ohuabunwa queried the wordings of the president’s letter through a Point of Order.
Ohuabunwa drew the attention of his colleagues to the danger in the letter particularly in the suggestion that Osinbajo could not act as president in his absence and could only coordinate as vice president.
The lawmaker said: “I don’t think in our constitution we have anything like coordinating president or coordinating vice president. It Is either you are vice president or you are acting president and any letter should be unambiguous and very clear. So, I am saying that this letter really does not convey anything because coordinating as no space on any place in our constitution. We have been having letters like this you tell us is the acting president and we know who to deal with as a Senate. This is the highest legislative body of any country and if you are sending us letter it should be direct, unambiguous. So, I am saying that this letter for me is not right and maybe should be sent back.”
In a swift response, Senate Majority Leader, Ahmed Lawan said that whatever messages are contained in the President’s letter that were in conflict with the provisions of the constitution would be ignored by Senate.
He said that “Àny other word in this letter or indeed anywhere else is irrelevant”.
Ruling on the matter, Senate President agreed with Lawan that Section 145 quoted in the Presidential letter is unambiguous.
He said the Senate should always be guided by the provisions of the constitution in carrying out its legislative functions.
Although he ruled the Ohuabunwa out of order, he however maintained that Osinbajo is Acting President.
Saraki said: “I think it is a very clear issue and what we should be guided by is the constitution.
“I think that it is clear, the letter has referred to the constitution and there is no ambiguity in the constitution.
Some lawmakers insisted that leaving out the fact that the Vice President should act in the absence of the President, may have been “deliberate to create avoidable confusion.”
One of the senators who spoke on condition of anonymity submitted that: “This is not the first time President Buhari left the country for medical attention and it was clear in his letter to the Senate the fact the vice president should act in his absence in line with the constitution.
“This time around ‘coordinating the affairs of government’ crept in some the some people in the presidency will exploit the loophole.
“It should be abundantly stated that the vice president is the acting president. Any other coinage including the so-called ‘coordinating affairs of government’ is not necessary.”
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