The Abuja High Court was today asked to declare Umaru Yar’Adua’s failure to transmit a written declaration to the leadership of the National Assembly before proceeding on medical vacation three weeks ago to be a violation of the Nigerian constitution.
In the suit, filed against the Attorney-General of the Federation by Mr. Femi Falana of FALANA & FALANA’S CHAMBERS, Abuja, the court is also asked for:
* A declaration that the meetings of the Federal Executive Council held since November 23 2009 and the decisions taken at those meetings are illegal and unconstitutional as they violate Section 148(2) of the Constitution of the Federal Republic of Nigeria 1999.
* AN ORDER OF MANDATARY INJUNCTION compelling Yar’adua to transmit a written declaration to the Senate President and the Speaker of the House of Representatives that he has proceeded on medical vacation (and) to empower the Vice President, Dr Goodluck Jonathan to discharge the functions of the President as the Acting President of Nigeria.
The Attorney-General has eight days to respond to the summons either personally or through a legal representative. If he fails to do so, according to the summons, the court could determine as it pleases as the judge may think “just and expedient.”
The full text of the lawsuit is as follows:
IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ABUJA JUDICIAL DIVISION
HOLDEN AT ABUJA
SUIT NO: FHC/ABJ/CS/732/09
FEMI FALANA )… PLAINTIFF
ATTORNEY GENERAL OF THE FEDERATION )…DEFENDANT
LET THE DEFENDANT within eight days after service of this Summons on him inclusive of the day of such service cause an appearance to be entered for him to this Summons which is issued on the application on the application of the Plaintiff for the determination of the following question:
QUESTIONS FOR DETERMINATION
1) Whether the refusal or failure of the President to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives before proceeding on medical vacation on or before November 23, 2009 is not a violation of S. 145 of the Constitution of the Federal Republic of Nigeria 1999.
2) Whether the Vice President, Dr Goodluck Jonathan can discharge any of the functions of the President when a written declaration has not been transmitted to the President of the Senate and the Speaker of the House of Representatives by President Umaru Musa Yar’adua pursuant to Section 145 of the Constitution of the Federal Republic of Nigeria 1999.
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