Acting President for Nigeria!

The Vice President of the Federal Republic of Nigeria, Dr. Goodluck Jonathan has been empowered by the National Assembly to step into the "shoes" of the ailing AWOLed President, Yar'Adua. The Senate President, Mr. David Mark said the telephone interview aired on the BBC served as the notification needed to allow Mr. Vice act as President. So based on the "telephone conversation" yesterday, the National Assembly passed a resolution empowering Vice President, Dr. Goodluck Jonathan to assume power as the acting President, pending the return of the ailing President Yar'Adua. The Senate added that the moment they receive a "letter" from Yar'Adua informing the Senate that he (Yar'Adua) is back to the Country, then Goodluck will cease to act as President.

With all due respect to the "law makers", that is NOT the right way to go about it. The Senate has no power to confer power on the Vice-President to act as President! The applicable Latin maxim here is nemo dat qui non habet. Simply put, this phrase means "he who has not cannot give". That is, you cannot give what you do not have.

The Law is very clear on that. The 1999 Constitution is very explicit. Section 144 of the Constitution is to the effect that the President or Vice-President shall cease to hold office on the following grounds:
1) A declaration is passed by the Federal Executive Council (which is made up of all ministers, who incidentally were appointed by the President) stating that the President or Vice-President is incapable of discharging the functions of his office.

2) After this declaration is passed, it has to be verified by a medical panel comprising of 5 medical practitioners, appointed by the Senate President. The personal physician of the President shall be a member of the medical panel.

Sections 144 (2)&(3) state thus:
(2) Where the medical panel certifies in the report that in its opinion the President or Vice-President is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the President of the Senate and the Speaker of the House of Representatives shall be published in the Official Gazette of the Government of the Federation.

(3) The President or Vice-President shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.

Now, that is the LAW! The National Assembly, in my opinion, erred in law by empowering the VP with the Presidential powers.

The BBC conversation relied on by the National Assembly IS NOT the requirement as enshrined in the 1999 Constitution. That conversation does not meet the requirement as set out in section 145 of the Constitution.

Long Live the Federal Republic of Nigeria!

73 days and still counting . . .

Fact: The President is ill.
Fact: The President has been away for 73 days today.
Fact: Most Ministers have not "spoken" to the President.
Fact: Nigerians are worried about the prolonged silence surrounding the prolonged absence of the President.
Mr. President is still at large!

Some days ago, a Federal High Court Judge, in fact, the Chief Judge of the Federal High Court, Dan Abutu, gave the Federal Executive Council a 14 day ultimatum to decide whether the President was still capable of ruling the Nation or not. As a result of that Court Order, on the 27th of January, the Executive Council unanimously passed a resolution that only the President of the Federal Republic of Nigeria, Alhaji Umaru Musa Yar’Adua could determine whether he is fit to remain in office.

It is a known fact that Nigeria has an ill President. It is also a known fact that Nigerians are praying for Yar'Adua to get well FAST! But for crying out loud, how long can we stay without a President in Office. Yes, the various Ministers and other politically minded individuals are currently manning the affairs of the Nation, but for how long?

For the records, when this guy, Mr. President, was Governor of Katsina State, news had it that he would go AWOL for months and when he does resurface, it's business as usual. Is that the same thing happening now? There had been so many rumours surrounding his disappearance from office. Some say he is dead. Some say he is brain damaged. Suddenly, there was a televised telephone conversation between Yar'Adua and a BBC correspondent. Sincerely, when I heard the shaky voice on BBC, I said thank God Yar'Adua is still alive. . . at least that will douse the rumours going on! I was so relieved that at least the nation will not be thrown into a state of chaos. Even with that, people were not still convinced. There was a general doubt that the voice was not Yar'Adua's. Some even said, it was a technological trick!

Now it is exactly 73 days since the President travelled AWOLed to Saudi Arabia for medical treatment. The Federal Executive Council still believes he is fit and proper to continue as President! Right now, the President can not carry out his duties as a President, therefore he is INCAPACITATED. Although the Executive Council has not been confirmed that he is “permanently incapacitated”, how long would a Nation should stay without its President? Our leaders are simply playing politics with us. No one is speaking out.

The Constitution of the Federal Republic of Nigeria has made adequate provisions on steps to follow when the President is unable to perform his duties as President. Sections 144, 145 and 146 of the Constitution of the Federal Republic of Nigeria provides thus:

144. (1) The President or Vice-President shall cease to hold office, if -
(a) by a resolution passed by two-thirds majority of all the members of the executive council of the Federation it is declared that the President or Vice-President is incapable of discharging the functions of his office; and
(b) the declaration is verified, after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in its report to the President of the Senate and the Speaker of the House of Representatives.

(2) Where the medical panel certifies in the report that in its opinion the President or Vice-President is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the President of the Senate and the Speaker of the House of Representatives shall be published in the Official Gazette of the Government of the Federation.

(3) The President or Vice-President shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.

(4) the medical panel to which this section relates shall be appointed by the President of the Senate, and shall comprise five medical practitioners in Nigeria:-
(a) one of whom shall be the personal physician of the holder of the office concerned; and

(b) four other medical practitioners who have, in the opinion of the President of the Senate, attained a high degree of eminence in the field of medicine relative to the nature of the examination to be conducted in accordance with the foregoing provisions.

(5) In this section, the reference to "executive council of the Federation" is a reference to the body of Ministers of the Government of the Federation, howsoever called, established by the President and charged with such responsibilities for the functions of government as the President may direct.

145. 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.

146. (1) The Vice-President shall hold the office of President if the office of President becomes vacant by reason of death or resignation, impeachment, permanent incapacity or the removal of the President from office for any other reason in accordance with section 143 of this Constitution.

(2) Where any vacancy occurs in the circumstances mentioned in subsection (1) of this section during a period when the office of Vice-President is also vacant, the President of the Senate shall hold the office of President for a period of not more than three months, during which there shall be an election of a new President, who shall hold office for the unexpired term of office of the last holder of the office.

(3) Where the office of Vice-President becomes vacant:-
(a) by reason of death or resignation, impeachment, permanent incapacity or removal in accordance with section 143 or 144 of this Constitution;

(b) by his assumption of the office of President in accordance with subsection (1) of this section; or

(c) for any other reason,

the President shall nominate and, with the approval of each House of the National Assembly, appoint a new Vice-President.

Yar'Adua is an "advocate" of the "rule of law". Why can't the Law be respected now that it directly concerns him? When he was sworn into office as President of the Federal Republic of Nigeria, Yar'Adua swore to an oath of allegiance to obey the letters and the spirit of the 1999 Constitution without fear or favour and to also promote peace and accord in Nigeria.

The first option under Section 144 of the Constitution has been explored, what about the second option? The Senate President should set up a medical panel in accordance with the provisions of the Constitution to verify the "declaration" of the Executive Council.

The latest development now is that the Minister of Information and Communications, Prof. Dora Akunyili has finally spoken. The news has it that Akunyili submitted a memo to the Executive Council to "prevail on Yar'Adua to hand over to the Vice-President." Hmmmmm! With this development, Akunyili has become the "lone voice" in the Federal Executive Council and as a result, she was shouted down by the pro-Yar'Adua Ministers! What a way to advocate freedom of speech in a democratic setting!

In addition, the "media" owners have given an ultimatum to the President to take "the honourable path and spare the nation the on-going political confusion."

As for now, we’ll continue to do “sidon look”, when the home video finish playing, we’ll give credits where necessary!

Nigeria we hail thee! Long live the Federal republic of Nigeria!

January 27, 2002 - Commemorating the victims

It was a beautiful Sunday in January 2002.  We just returned from Church. I had bearing entered my room when there was a sudden vibration. I rushed out and I saw hubby standing in the sitting room with shock all over his face! "What was that?" I asked. He replied, "I don't know." Some minutes later, another I felt another vibration and this time I asked hubby "Is this an earthquake? Abeg o!"

These vibrations were so serious that louvres were rattling and other items in the house were moving! That was why I thought it was an earthquake. There were also thunderous sounds following the vibrations. Somewhere in between all these, I saw the breaking news on television that the explosions and vibrations were as a result of bomb exploding in the armoury in Ikeja Military Cantonment! What!!!!

I did not know the extent of the damage and havoc until I went to work the next day. My office was somewhere on the Island. The whole office was scattered as if it was burgled. Files were all over the floor; tables upturned...

Most of that day was spent talking about the incident...

The news had it that somany lives were lost as a result of stampeding. Some people were looking for their loved ones. It was such a dark period in the city of Lagos.

I stopped by at my Mum's place in Isolo on my way home after work. There were large cracks on the walls and most of her dishes were broken. I got more tales about the whole incident. I was informed that people ran out of the houses out of fear and panic. Not knowing what was happenning. She said, thankfully, she waited, tried to understand before taking any action. She added that a friend of hers who lives in Ajao Estate jumped from a balcony and broke her leg in the process. My Mum was still in shock. I encouraged her to calm down and rest. My brother's gist was different. He said he was outside with some friends when the whole thing started. He saw people running down the street in panic and like a typical Lagosian, he was about to run as well. Fortunately, a neighbour called him back and told him to stay within the compound. He said the neighbour told him not to panic.

The most shocking news was that as a result of the panic and stampede, several people, including children, women and men were drowned in the Oke-Afa Canal! Some bodies have been claimed but some were not claimed. The unclaimed bodies were buried in a mass grave by the canal. A cenotaph was later erected at the mass grave for the unclaimed bodies. Year after year, the Lagos State Government set out some few hours to lay wreaths at the cenotaph in Oke-Afa.

It is exactly 8 years after that black Sunday in Lagos. The activities around that site for the past one week has got me thinking. The roads were patched and padded. The cenotaph now wears a new look. Enough beautification has taken place there. I even hear the Governor of  Lagos State, Babatunde Fashola will be on ground to give a befitting commemoration for the people buried at there.
Let us say prayers for the families that lost their loved ones on that ill fated day - Sunday 27, January 2002.

Scammers, Haiti + Crisis in Jos

In line with the plea for donations to help the Haitians after the devastating earthquake that rocked Haiti on, many Nations (including Nigeria) and Individuals all over the world have been sending monetary donations and relief items such as food, water, clothes, medications and other medical equipments to recognised Charities such as the Red Cross.

It is rather very unfortunate that while good hearted people are trying to give life, hope and love to the survivors in Haiti, some bad and evil minded people are using this as an opportunity to defraud the people with good intentions, who are genuinely sending aid and relief materials to Haiti. These scammers are capitalizing on the relief efforts to help rebuild Haiti. How can people be so wicked as to enrich themselves this way!I feel that such an act is heinous!

Please before making any donation towards rebuilding Haiti, take the extra precautionary step to ensure that the Charity is a genuine and recognised one. Please find below some tips on how to avoid such scams as posted on NowPublic.com:

Rely on expert opinion when it comes to evaluating a charity.
Donors are advised to consult experts when deciding which charity to donate to. Charity Navigator compiled a list of organizations operating to help the Haiti earthquake, among them are CARE, Doctors Without Borders, World Vision, American Red Cross.

Be wary of claims that 100 percent of donations will assist relief victims.
While administration cost may be minimized, processing fee is almost inevitable. For example, donations from credit card will incur service charges.

Find out if the charity has an on-the-ground presence in the impacted areas.
It will be difficult for charities to help the affected areas if they don't already have staff on the ground.

Find out if the charity is providing direct aid or raising money for other groups.
If the charity does not directly helping the Haiti earthquake, donors can consider skipping the "middleman" to reduce the processing cost when money is passed along to other relief organizations.

Gifts of clothing, food or other in-kind donations.
It is best to give direct monetary support instead of food or clothing because it is much more difficult to distribute such donation. It requires organizations to have the staff and infrastructure to handle donations of good properly. Be ware of inexperienced organizations asking for goods donations.

May the Almighty God, Jehovah Jireh continue to provide for all who have (and are still) sent some form of donations towards rebuilding Haiti. For those who can not send physical items, please continue to pray for the survivors of the earthquake.

While the international community are discussing on ways to help rebuild Haiti, people in Jos, Plateau State in Nigeria are also counting their loses as the recent crisis has left several dead and several others homeless. I pray for my people in Jos. I call them my people because I feel I am part of them. During my stay in Jos, in the 80s, I experienced the hospitality nature of the people of Jos. I have been asking myself  "where did all these hatred come from?" Anyway, my prayer is that God Almighty will heal the broken hearts and fill them with LOVE!  Amen!