Noises Over Buhari's Letter To The Senate On Osinbajo, A Much Ado About Nothing, By Okoi Obono-Obla - Uju Ayalogu's Blog for News, Reviews, Articles and More

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Wednesday 10 May 2017

Noises Over Buhari's Letter To The Senate On Osinbajo, A Much Ado About Nothing, By Okoi Obono-Obla

Noises Over Buhari's Letter To The Senate On Osinbajo, A Much Ado About Nothing, By Okoi Obono-Obla

Okoi Obono-Obla

We have become so frivolous in our mindset in this country that we are perpetually more interested in drama and nothingness over substance?.

The seeming controversy over the wordings of President Muhammadu  Buhari's letter to the Senate and House of Representatives concerning his medical vacation is needless!

The President Muhammadu Buhari in paragraph 1 of his letter to the Senate informing it of his decision to proceed on medical vacation has rightly grounded his letter on Section 145  subsection 1 of the Constitution.

The tenor or import of Section 145 subsection 1 of the Constitution is that  whenever the President transmits to the President of the Senate and Speaker of the House of Representatives a written declaration that he is proceeding on vacation or otherwise that he is 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 !

Section 145 subsection 1 of the Constitution is indeed self-explanatory.

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The letter written by President Muhammadu Buhari is in total compliance and adherence with the letter and spirit of Section 145 subsection 1 of the Constitution.  It is a written declaration which was transmitted to the President of the Senate and Speaker of the House of Representatives that he is proceeding on medical  vacation.

Until President Muhammadu Buhari transmits a written declaration to the contrary the functions of the office of the President shall be discharged by the Vice President as Acting President! Whatever thing is included in that letter which is inconsistent or is not contemplated by the writers of the Constitution is irrelevant or a surplusage.

In law, an irrelevant point or surplusage is always overlooked by the Court. It is settled that the law does not concern itself with trifles or frivolity!   What do we like to over dramatization in this country. What are we so hypocritical?

In this same country Governors go on vacation or leave without complying with Section 191 subsection 1 of the Constitution  (which is exactly in the same wordings as Section 145 subsection 1 of the Constitution)  and no question is asked by the media and Nigerians who are raising dust over President Buhari's letter!

In January 2016 Governor Ben Ayade of Cross River State traveled out of his State for nearly ten weeks on vacation without complying with Section 191 subsection 1 of the Constitution!

In other words, he failed  to transmit a written declaration to the Speaker of the Cross River State House of Assembly that he is proceeding   on vacation or that he would not be able to discharge the functions of his office to enable the Deputy Governor of the State assume office as Acting Governor as contemplated by the Constitution!

The media and critical segment of civil society buried its head inside the ground! Again , in January 2017 , Governor Ben Ayade took another vacation which lasted for several weeks without adhering to the provisions of Section 191 subsection 1 of the Constitution!

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