The Federal High Court, sitting in Abuja, is set to decide on the continuity of Muhammadu Buhari as Nigeria’s President soon, following Mr. President’s prolong absence in the country.
This is based on the case filed by a Nigerian Lawyer, Toyin Dawodu, asking the court to compel the Senate President, Bukola Saraki, to appoint a Medical Panel, to determine the health status of the ailing President.
In his suit, marked FHC/ABJ/CS/508/2017, Dawodu urged the court to declare Saraki as empowered by the Nigerian Constitution, to set up a Medical Panel, to determine Buhari’s health status, “without first being a resolution of the Executive Council of the Federation.”
Section 144 (1) of the Nigerian Constitution, provides that such a Medical Panel should be appointed by the Senate President, following a resolution passed by two-thirds majority of the members of the Executive Council of the Federation.
However, the plaintiff through his Counsel, Frank Tietie, contended in the suit, that “in the absence of a resolution by the Executive Council of the Federation” as required under section 144 (1) of the Constitution, the Senate President could constitute such Medical Panel, “to determine the health status of the President.”
The respondents to the suit are: Senate President, Bukola Saraki; the Executive Council of the Federal Republic of Nigeria; and the Attorney General of the Federation, AGF, Abubakar Malami.
His prayers read in part: “A declaration that the 1st Respondent, Dr. Bukola Saraki, the Senate President of the Federal Republic of Nigeria, is empowered by Section 144 (4) of the Constitution of the Federal Republic of Nigeria, 1999 (As Altered), to appoint a Medical Panel to determine the health status of the President of the Federal Republic of Nigeria, without first being a resolution of the Executive Council of the Federation (EXCOF), on the medical fitness or incapability of President Muhammadu Buhari, to discharge the functions of the office of the President of the Federal Republic of Nigeria.”
A supporting affidavit deposed to by a Lawyer, Otika Stephen, in the law firm of the plaintiff’s lead Counsel, described Dawodu as a US-based Nigerian.
The affidavit, stated that with the President’s handing over to the Vice President, Yemi Osinbajo, as Acting President, he (Osinbajo) “is fettered even in his capacity to fully discharge the functions and responsibilities of the office of the President.”
It said it was therefore, important to determine the health status of Buhari, and the nature of his illness, “in order to advise him to either resign, or be impeached.”
