AMIDST speculations of a possible return of President Muhammadu Buhari from London this weekend, the Presidency on Friday denied knowledge of any such plan.
The president left for London on May 7 for follow-up medical consultations with his doctors over his failing health.
The Presidency had said that the date of Buhari’s return would be determined by his doctors and had, therefore, refrained from discussing his possible return date.
But in the last 24 hours, online media reports have emerged suggesting that the president would return to the country this weekend.
This was, however, shot down by Senior Special Assistant to the president on Media and Publicity, Mallam Garba Shehu, who told Saturday Tribune that he was not aware of such reports and knew nothing about them.
“I’m not aware of the reports. I know nothing about them,” he said when asked to speak on the rumoured plan of president returning to the country this weekend.
At the time Buhari was leaving the country, his spokesman, Femi Adesina, had assured Nigerians that there was no cause for worry.
He had said in a statement that the president was very grateful for the prayers and good wishes of the people, and hoped they would continue to pray for the peace and unity of the nation.
“The length of the President’s stay in London will be determined by the doctors. Government will continue to function normally under the able leadership of the Vice President,” the statement had said.
It added that the President had transmitted letters about the trip to the Senate and the House of Representatives, in compliance with Section 145 (1) of the 1999 Constitution.
Wife of the president, Aisha, only last Tuesday, left for the United Kingdom to be with her husband.
In a post on her Facebook account, media aide to the wife of the president, Bisi Olumide-Ajayi, said before she jetted out, Aisha expressed appreciation to the millions of Nigerians who have been praying for her husband’s quick return to Nigeria.
“Her Excellency will spend some time with her Husband, President Muhammadu Buhari who is on a medical vacation,” she wrote.
Hold constitution responsible for president’s absence —Afenifere
Meanwhile, Pan-Yoruba group, Afenifere, has said the 1999 Constitution (as amended) should be blamed for the indefinite absence of President Buhari from the country, saying the legal framework created room for the president to stay outside the country for as long as he wishes.
In his letter to the Senate, President Buhari had stated that he was returning to London for a follow-up consultation with his doctors and directed Vice President Yemi Osinbajo to act in his stead and coordinate the affairs of government.
The president had also embarked upon his first medical vacation, also to London, earlier in the year and spent over 50 days only to return in March, after receiving treatment for his yet-to-be-disclosed ailment.
The spokesman of Afenifere, Mr Yinka Odumakin, while speaking with Saturday Tribune on the issue, said Buhari committed no offence as the constitution, which he described as nebulous, did not indicate how long the president can stay away from office.
Quoting Section 145 of the 1999 Constitution, he said the legal framework was drafted by the military to allow them to run the country the way they desired.
“On the ground of nebulous Nigerian Law, President Muhammadu Buhari has not committed any offence or violated any part of the constitution by choosing to stay away from his office and the country for as long as he wants.
Section 145 of the constitution states that if the president will not be around, he will just transmit his intention to the National Assembly.
“That same section did not indicate how long the president can stay away and the implication is that anybody who is the president can only write to the National Assembly that he will not be around. He can choose not to be available till a day to the end of his tenure. In that wise, President Buhari has not committed any offence”, he said.
Odumakin, however, faulted the continued absence of the president from the country on moral grounds, saying the entire constitution, particularly Section 145, should be reviewed to determine how long the president can stay away from the country and the penalty for a violation.
“On moral grounds, the continued absence of the president is a different ball game entirely. It will get to a point where the president will have to sit down and think over holding the country to a ransom.
“However, we should not be crying more than the bereaved. Acting President Yemi Osinbajo is apparently happy and he is having a good time in his acting capacity. At least, he has once declared that his boss is treating him like a son”, he added.
The 2nd Vice President of the Nigerian Bar Association, Barrister Onyekachi Ubani says, “Currently there is no time limit in the constitution on how long an executive head like president or governor can be away from his seat. The constitution simply says he should hand over to the Vice-President and he has done that, so there is no vacuum in governance and that is why the constitution makes a provision of a vice-president. So, the president has not breached any law.
“The constitution says the Federal Executive Council (FEC) can only commence the process of his removal if he becomes infirm in body and mind. For now, there is no evidence he is infirm in mind and body. That is why there are calls for an amendment to the constitution so there will be a term limit for which an executive head can be away from the seat. Even on moral ground, he has transferred power to his Vice and there isn’t a vacuum in government. So, until the constitution is amended to give a time limit, there is nothing anyone can do.”
Ladi Rotimi Williams (SAN) in his reaction to the absence of the president, said: “The president can’t be away indefinitely. If he gets to the point that he can’t govern again, a letter will be sent to the senate and the House of Representatives, stating his state of health. But I don’t think it has reached that level though I’m not a doctor.
“It is in everybody’s interest for Buhari to return well. You know he attempted being president three times before South-West switched support from Jonathan to him, to put him in the State House. Jonathan didn’t impress anyone, so it is in everybody’s interest he returns as president, but provision has been made in the constitution if he can’t continue. We all pray he recovers.”
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