SAFAR 25 1431 A.H.
TUESDAY FEBRUARY 9, 2010.
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Yar’adua did not violate Constitution -- Lawmaker
Rep. Emmanuel Jime (PDP-Benue) has said that President Umaru Yar’adua did not violate the constitution, by not transmitting a letter to the National Assembly.
Jime, told newsmen on Sunday in Abuja, that section 145 of the constitution that people were referring to, does not make it mandatory on the President to transmit a letter to the National Assembly.
It states: ``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 that he is otherwise 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.
``The provision in section 145 is discretionary. It means, in my view that there is no violation of the constitution.
He also stressed that the pronouncement by the courts should have rested the case.
Jime maintained that the only solution to the current problem was an amendment of sections 145, 190 and 191 which the house has commenced debate on.
``Looking at the amendment of section 145 is the better solution to this matter rather than sentiments, emotions and even mischief making.
``This bill can address that, and this is one of the lessons we can learn from the crisis that have emerged from the present situation,’’he said.
Sections 190 and 191 deals with the Governor of a state transmitting to the Speaker of the House of Assembly a written declaration that he was proceeding on vacation.
He noted that the abuse of the constitution was prevalent at the state than at the federal level.
``Everything that goes for the office of the President, of course should also go for the governors. I think if we are really going to address the abuse of the constitution at all, it is more at the states’’he said.
Jime also said that there was no vacuum in the Presidency as widely believed in some quarters as clearly spelt out in section 148 of the 1999 constitution.
It read: ``The President may, in his discretion, assign to the Vice-President or any Minister of the government, responsibility for any business of the government of the federation, including the administration of any department of government.
Jime spoke against the background of the continuing absence of President Umaru Yar’Adua from the country.
Yar' Adua left on November 23, 2009 for medical treatment in Saudi Arabia.
