Buhari’s letter unclear to Senate
The controversy which is on the choice of words by the president to describe the functions of Osinbajo while he is away, has once again brought to the fore, the mutual suspicions among political players as outcome of the cut-throat intrigues and deadly power-play that go on within Nigeria’s corridor of power.
In the letter, Buhari informed the Senate of his medical follow-up trip and stated that while he is away, “the Vice-President will coordinate the activities of government,” a different phrase from his earlier letters in June 2016 and January 2017, where he said “the Vice-President will perform the functions of my office.”
Section 145 which Buhari referred to stated in sub-section (1) that ”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.”
It took the “eagle-eye scrutiny” of Senator Mao Ohunabunwa, for the attention members of the upper legislative chamber to be drawn to the new phrase that many observers alleged was a ploy by some powerful cabal within the presidency to reduce the influence of Osinbajo while Buhari is away.
The senator, while pointing to the danger of a “hidden intention” in the letter, said “I don’t think we have anything like coordinating president or coordinating vice-president in our constitution. It is either you are vice-president or you are 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 in our constitution. You tell us this is the acting president and we know whom to deal with as a Senate. This is the highest legislative body of any country and if you are sending us letter it should be direct and unambiguous.”
Although the Majority Leader, Ahmed Lawan, in the ensuing debate, tried to douse the tension created by Ohunabunwa’s submission by saying whatever is in the letter that is in conflict with the constitution should be ignored, a position that Senate President Bukola Saraki supported, the arguments have further exposed the high level of distrust among major characters in government.
Outside the Senate, opinions of legal practitioners differ on the implication of the letter on the status of Osinbajo. Many argued that it was a deliberate pit dug to create a lacuna for some elements to benefit from while others said nothing is wrong with the wordings.
Lagos lawyer, Ebun Olu Adegboruwa SAN, who claimed that Buhari has not transferred any power by the content of the letter, even went as far as calling for the impeachment of the president.
But another Senior Advocate, Femi Falana, said the president has done the needful in the circumstance stressing that “once a letter has been transmitted by the President to the National Assembly that he is going to be away on medical ground, the vice president is automatically the acting president.
However a Non-Governmental Organisation (NGO), Advocacy for Integrity and Economic Development (AIED), said in a statement, “a cabal within the presidency is plotting to create confusion by its continuous interference with the decision of the President.”
The group said, “We are extremely saddened with the content of President Buhari’s letter where he neglected tradition and voice of sanity to dance to the tune of political vampires by importing a lexicon alien to our constitution.”
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