THERE was a drama on the Senate floor on Tuesday, following the presentation of the letter from President Muhammadu Buhari, intimating the lawmakers of his departure to London for medical follow-up.
Senate President, Dr Bukola Saraki, had read the letter signed by the President, through which he intimated the Senate of his trip to London for medical checks.
Trouble started on the floor as soon as the Senate President finished reading the letter from the president.
The letter read: “In compliance with Section 145(1) of the 1999 Constitution, as amended, I wish to inform the Distinguished Senate that I will be away for a scheduled medical follow-up with my doctors in London. The length of my stay will be determined by the doctor’s advice.
“While I am away, the Vice President will coordinate the activities of the government. Please accept, the Distinguished Senate President, the assurances of my highest consideration.”
Immediately, the chairman, Senate Committee on Primary Health, Senator Mao Ohuabunwa, raised a point of order to raise objections to the letter and asked that it be returned to the Presidency for failing to address Vice-President Yemi Osinbajo as acting president.
According to the senator, the declaration in the letter that Osinbajo would coordinate government’s activities while the president is away was against the spirit of the constitution, which identifies the vice president as acting president in such circumstances.
According to him, the letter by Buhari was ambiguous by addressing Vice-President Osinbajo as coordinator of activities of the country in his absence.
He said unlike the previous letters, what the current letter meant was that the president did not officially transmit power to Osinbajo as prescribed by the constitution.
The senator quoted Section 145 of the 1999 Constitution as amended to buttress his point.
“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 is otherwise that he is unable to discharge the functions of his office until he transmits to them the written declaration to the contrary, such function shall be discharged by the Vice President as Acting President,” he quoted the section.
The senator further “Mr President, I do not think in our constitution we have anything like coordinating president or coordinating vice president. It is either you are the vice president or you are the acting president and any letter should be unambiguous and very clear.
“So, I am saying that this letter really does not convey anything, because coordinating has no space on any place in our constitution. We have been having letters like this. But we need to we know who to deal with as a Senate. This is the highest legislative body of any country and if you are sending us a letter, it should be direct and unambiguous. So, I am saying that this letter, for me, is not right and should be sent back.”
Senate Leader, Ahmed Lawan, opposed Senator Ohuabunwa, saying that his observations were exaggerated.
He said the president had done the right thing and, thereafter called on the Senate president to rule Ohuabunwa out of order.
“Mr President, let me say that the point of order raised by my colleague and the explanation that subsequently followed should not have been and my responses are simple.
“I still rely on the first paragraph of that letter which Mr President wrote to this Senate and read by the President of the Senate. I will read section 145 of the 1999 Constitution as amended.
“Any other word in this letter or indeed anywhere else is irrelevant. I, therefore, feel that Mr President has done what the constitution requires him to do and I urge this Senate not to go ahead to discuss this because it’s not an issue. We have the budget and so many other serious issues for us to discuss and Nigerians are waiting,” he said.
The Senate President, in aligning with Lawan’s position, however, declared that the constitution was clear on the essence of Section 145.
According to Saraki, since the constitution only recognised the vice president as acting president in the absence of the president, the essence of the letter should be clear.
“The letter has referred to the constitution and there is no ambiguity in the constitution. So, I do not think there’s any issue there. Let me first rule you out of order, Senator Mao,” Saraki said.
and then