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UK Private Visit: Lawyer Sues Buhari
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Lagos-based human rights lawyer, Inibehe Effiong, has sued President Muhammadu Buhari for not handing over power to Vice-President Yemi Osinbajo when he travelled to London on a private visit two weeks ago.
The case, with suit number FHC/L/CS/763/2019, was filed before a Federal High Court in Lagos.
Also named as defendant in the suit is Nigeria’s Attorney-General of the Federation, Abubakar Malami.
Mr Effiong asked the court to determine whether in view of the extant provisions of Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the president can validly proceed on vacation for any length of time without transmitting a written declaration to the National Assembly to that effect, which will empower the Vice-President to perform the functions of the President in an acting capacity.
He also asked the court to determine whether Mr Buhari’s action in proceeding on vacation to the UK from April 25 to May 5 without transmitting the written declaration envisaged in Section 145 (1) of the constitution to National Assembly is not in conflict with the provisions of Section 145 (1) of the constitution.
Similarly, the court will determine whether the President in refusing to adhere to the clear and unambiguous provisions of Section 145 (1) of the constitution had not by that singular action violated his oath of office and the provisions of the constitution which he swore to uphold.
The lawyer asked the court to clarify whether the Constitution or any other law for that matter, permits the President to exercise Presidential authority over the affairs of Nigeria from any country outside the territorial jurisdiction of Nigeria, save when he is out of the country on official diplomatic engagements.
“A declaration that the failure of the 1st defendant (Buhari) to comply with Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) by not transmitting a written declaration to the President of the Senate of the Federal Republic of Nigeria, and the Speaker of the House of Representatives of the Federal Republic of Nigeria to that effect before proceeding on vacation to the United Kingdom from the 25th day of April, 2019 to the 5th day of May, 2019 is a gross violation of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” the suit read in part.
The lawyer asked the court to rule that that since the Constitution does not have extra-territorial application, the president cannot exercise presidential authority over the affairs of the Federal Republic of Nigeria from the United Kingdom, or any other country outside the territorial jurisdiction of the Federal Republic of Nigeria, save when he is outside the country on official diplomatic engagements.
Mr Effiong also asked the court to restrain Mr Buhari from proceeding on vacations whether within or outside the Nigeria without transmitting a written declaration to the President of the Senate of the Federal Republic of Nigeria, and the Speaker of the House of Representatives of the Federal Republic of Nigeria in compliance with section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
PREMIUM TIMES understands that no date has been fixed for the hearing of the suit.
Mr Buhari Sunday returned to Abuja, after a 10-day ‘private visit’ to the United Kingdom.
A statement by his spokesperson, Femi Adesina, said some “reckless online media, irresponsible political opposition, and other bilious groups and individuals, had gone on overdrive since the President left the country on April 25, insinuating that he was going for hospitalization, and would not return after 10 days as stated.”
Mr Adesina also said in their “vain imaginations, they even stated that fictive doctors have advised President Buhari to stay longer for more intensive care”.
Premium Times
Headlines
Abiola Cannot Be Recognised As Former President; He Was Never Sworn-in – Gen Ishola Williams
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By Eric Elezuo
One of the prime actors of the June 12, 1993 incidents, General Ishola Williams, has said that much as Chief MKO Abiola wrong was created having won the election, and denied victory, he cannot be recognized as a former President of Nigeria.
Gen Williams made his revelation while speaking as a guest on Channels television socio-political programme, Inside Source.
He maintained that only those who were sworn in that recognised as former presidents, and Abiola was never sworn in.
“Abiola cannot be recognised as former president because he was never sworn in.
The General, who said that he resigned from the army as a result of the wholesome reception given to General Sani Abacha, when he overthrew Chief Ernest Shonekan-led Interim National Government, contrary to expectation, also picked flaws in the narratives given by former Military President Ibrahim Babangida, in his recently launched book, A Journey In Service.
Williams rose in the army to become the Commandant of Army Signals, Commander of Training and Doctrine (TRADOC) and Chief of Defence Training and Planning, from where he resigned.
Headlines
Breaking: Supreme Court Recognises Martin Amaewhule As Rivers Assembly Speaker, Orders CBN to Stop Releasing Funds to State
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By Eric Elezuo
The Supreme Court of Nigeria has in its ruling on Friday recognised Hon Martins Amaewhule as the authentic speaker of the Rivers State House of Assembly, mandating him to urgently resume sitting with elected members of the assembly.
The apex court also ordered the Central Bank of Nigeria to stop releasing to the Rivers State government until a proper assembly is constituted.
Details soon…
Headlines
Obasa Storms Lagos Assembly with Armed Men, Claims He’s Still Speaker
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Tension escalated at the Lagos State House of Assembly on Thursday as impeached Speaker Mudashiru Obasa made a dramatic return to reclaim his position.
Accompanied by heavily armed men, Obasa stormed the Assembly complex in a bold move that has thrown the State’s legislature into turmoil.
In a stunning turn of events, security details assigned to the substantive Speaker, Rt. Hon. Mojisola Meranda, were abruptly withdrawn on Thursday morning, clearing the path for Obasa’s controversial comeback.
Sources revealed that the Inspector General of Police (IGP) ordered the withdrawal of all security operatives attached to Meranda, leaving her exposed in the midst of an intensifying power struggle.
The Speaker’s Special Adviser on Information, Mr. Victor Ganzallo, expressed concern over the security vacuum created by the withdrawal of personnel.
“In the early hours of Thursday, we woke up to the startling news that all security details assigned to Madam Speaker, Mojisola Meranda, had been withdrawn.
This includes the police and DSS officers, leaving her exposed to threats amid the ongoing speakership crisis,” Ganzallo stated.
He further called on Governor Babajide Sanwo-Olu, as the State’s Chief Security Officer, to intervene urgently to prevent a complete breakdown of law and order within the Assembly.
“The withdrawal of security personnel has left the Assembly naked and vulnerable at a critical time. Urgent action is needed to restore order,” he pleaded.
With the speakership battle taking a dramatic new turn, political watchers are keenly observing how the crisis will unfold in the coming days.