The Presidency has declared that President Muhammadu Buhari cannot be declared unfit as a result of his ill health. It noted that those approaching the court seeking for an order to compel the Federal Executive Council (FEC) to declare Buhari unfit on the basis of ill health are just busy bodies and meddlesome interlopers.
Already, there are two suits pending before the courts seeking to compel FEC to declare Buhari unfit as president on ground of ill health. But, Senior Special Assistant to President Muhammadu Buhari on Prosecution, Okoi Obono- Obla, yesterday told New Telegraph that the President cannot be declared unfit.
“I will say that those people filing such suits are busy bodies, meddlesome interlopers, noise makers, cranks. No court can declare the President unfit because anybody can be sick. “There is no provision in our Constitution whatsoever saying that the President who is sick should leave office or the court should declare him unfit or the Federal Executive Council should declare him unfit. They are just making noise,” he staged.
Senior Advocates of Nigeria (SANs) yesterday disagreed over the call on FEC to declare Buhari unfit on ground of ill health. While Yusuf Ali (SAN) and Ahmed Raji (SAN) frowned at the call, Mike Ozekhome (SAN) was of the opinion that the call was in order.
Ali said such calls are diversionary and that the country should face what is staring it on the face. His words: “We have an acting President, who with all intent and purposes is doing the work of the President. And the last report we heard from the acting President is that the President is doing very well.
“So, what will be the basis to declare him unfit? Unless the man has become invalid, which is not the case. I think we should just face the challenges confronting our country and stop all these calls that can detract the worth of the country.
“Honestly, I think some people just want their voice to be heard. That is why they are making all these calls. Nigeria has a problem, let us face the problem head on. “Luckily, there is no vacuum. There is an acting President.” Aligning with Ali’s submission, Raji stated that the FEC cannot declare their ‘appointor’ unfit.
“How can they expect the FEC to declare their appointor unfit? Is that possible? Somebody, whom Nigerians have voted and has called on them to be part of the government, will now want to declare him unfit? That is not African.
“That part of our Constitution is a dead letter of the law because this is an African society. It may work in other jurisdiction, but not here. It can’t work here. “We so much have sympathy here, if someone is sick and there is vice acting on his behalf, what is the problem?
“They should leave this man alone and pray for him to get well,” he stated. However, Ozekhome noted that the FEC is made up of ministers appointed by the President himself, but Sections 143 and 144 of the 1999 Constitution prescribes that FEC can declare the President unfit. “A medical board comprising seasoned medical practitioners with the personal physician of the President looks into his health status. “The FEC must pass the resolution by 2/3 majority votes.
Where it is discovered he is no longer fit to govern by a verification of this FEC resolution by the medical panel, such is transmitted to the President of the Senate and Speaker of the House of Representatives. “Hence, a notice shall be published in the official gazette of the Government of the Federation. The president automatically ceases to hold office from the date of the publication of the notice of the medical report,” Ozekhome stated.
A rights group, Kingdom Human Rights Foundation International had, last Thursday, filed a fresh suit at the registry of the Federal High Court sitting in Abuja seeking an order compelling FEC to declare ailing President Buhari unfit to continue to hold office.
The group also wants the court to grant an order mandating the National Assembly to constitute a medical panel to verify his fitness. Joined as respondents in the suit marked FHC/ ABJ/CS/671/2017 are the Acting President Yemi Osinbajo, the Executive Council of the Federation (otherwise known as the Federal Executive Council), the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), and the National Assembly.
Earlier before that suit, a Nigerian based in the United States of America, Toyin Dawodu had, on June 28, filed a suit marked, FHC/ ABJ/CS/508/2017, asking the court to compel Senate President Bukola Saraki to constitute a medical panel on Buhari’s health status. None of the suits have been assigned to any judge.
