constitution for when a president is too ill to carry out official duties. For example, Nigeria’s constitution (specifically, Section 144) stipulates that the president “shall cease to hold office” if a two-thirds majority of the Federal Executive Council declares that he is “incapable of discharging the functions of his office”; such a declaration would have to be verified by a panel of five medical experts.
In our research, however, we did not come across many African examples when constitutional provisions for medical incapacity were invoked. One example emerged during Yar’Adua’s long absence: Nigeria’s senate voted on Feb. 9, 2010, to delegate presidential responsibilities to Jonathan and make him acting president. However, there was never a declaration by a panel of medical experts that Yar’Adua was unfit to govern, and he returned to Nigeria on Feb. 24, 2010, and resumed his office and duties
Despite the similarities between Buhari and Yar’ Adua ’ s long medical holidays , there is an important difference .
Before he left the country to seek medical treatment , Yar’ Adua did not deputize his vice president to be acting president. Because he did not deputize Jonathan during his absence , there was a lot of uncertainty about who was in charge and even fear of a coup .
Buhari , on the other hand , deputized his vice president , Yemi Osinbajo , as acting president before he left to seek medical care . Although the rumor mill during Buhari ’ s absence is just as vibrant as it was during Yar ’ Adua ’ s absence , there is no uncertainty about who is governing . Nigerian and international media refer to Osinbajo as the acting president and report on how he is governing .
In an interview with the BBC , Nigerian Governor Rochas Okorocha was optimistic about Buhari ’ s recovery and forthcoming return to Nigeria , saying he expects it will happen in the next two weeks. Nevertheless, Buhari ’ s prolonged absence and ill health raise important questions about who rules when a president is sick . Although formal rules stipulate what should happen , the rules need powerful people to engage them
