A Lagos-based lawyer, Inibehe Effiong, has announced his intention to drag President Muhammadu Buhari to the Court of Appeal for failing to handover to Vice President Yemi Osinbajo during a trip to the United Kingdom in 2019.
Buhari was in London from April 25 to May 5, 2019 for what the presidency termed a “private visit”.
Inibehe Effiong had, in May 2019, sued Buhari and the Attorney General of the Federation, Abubakar Malami (SAN) in Suit No: FHC/L/CS/763/2019.
On Friday, a Federal High Court in Lagos presided over by Hon. Justice A. O. Faji, held that Buhari did not violate the provisions of the constitution when he proceeded on the trip without handing over power to Osinbajo.
In his reaction, Effiong, expressed fears that the decision of the court may be exploited by President Buhari and future presidents to undermine the interest of the country.
He disclosed that he was going to test the judgment at the Court of Appeal on the merit and also appeal against the decision of the court that he lacked the requisite locus standi to file the suit.
Effiong, in a statement said: “It is good that the learned judge has given a judicial interpretation to Section 145 of the Constitution as amended. Regrettably, the judgment has left many questions unanswered.
“For example, does this judgment imply that the president can validly abandon his office and the country, and proceed on vacation for 20 days or less? Will that not result in anarchy since nature itself abhors vacuum?
“When does the duty of the President to transmit a written declaration arise given that Section 145 of the Constitution expressly states that he should do so whenever he is proceeding on vacation?
“I am afraid about what this judgment portends for Nigeria. A President like the current one who is a constitutional delinquent, that does not hidden his contempt for the rule of law, cannot be trusted to do with is right.
“I believe this was why the National Assembly amended Section 145 of the Constitution in the first place. It is also my firm belief that the Constitution does not allow for a situation whereby Nigeria will exist for one day without having either a President or an Acting President.
“I am scared that with this judgment, Nigeria can stay for twenty days without a president”, Effiong said.
Speaking further, the rights activist said that he believes that “The role of the National Assembly to make the Vice President the Acting President after 21 days under Section 145 (2) of the Constitution does not excuse the President from his own duty to write to the National Assembly whenever he is going on vacation irrespective of whether the vacation is for a day or less than 21 days.
“The duty of the National Assembly only arises when the president has violated his own duty
“These are some of the puzzling issues about this judgment that agitates my mind. I can assure you that I will test the judgment of the learned judge at the Court of Appeal. I am ready to go up to the Supreme Court if necessary for the sake of posterity and our fragile democracy.”
