Asking Buhari to resign is unconstitutional – Lawyer
An Abuja based lawyer, Dr Kayode Ajulo, says it is unconstitutional for some people to be asking for the resignation of President Muhammadu Buhari.
According to Ajulo, the President of the Federal Republic of Nigeria is not under any obligation to write or give explanations to the public regarding the purpose of his absence.
Ajulo, on Wednesday in Abuja, said that Section 145 of the 1999 constitution as amended stated that the president should present written declaration of his inability to discharge the functions of his office to the National Assembly.
According to him, such a declaration is to vest such functions and capacity of his office to the Vice President.
Ajulo explained that the declaration was valid until Buhari presented another declaration to the contrary.
The lawyer said that the vice president had been vested with all the powers of the office of the president.
He explained that by virtue of the declaration, the Vice President, Prof. Yemi Osibanjo was right in carrying out the duties of the office of the president.
He said, “Buhari has submitted his written declaration to the president of the Senate and the Speaker of the House of Representatives to the effect of his absence.”
Ajulo said the comments by certain individuals to the effect that the president should leave office or give explanations regarding his health status was of no importance and could not be backed by statute.
According to him, the only people empowered to ask the president to vacate his office by virtue of section 144 of the constitution is the two-third majority of the Federal Executive Council.
This, he said, could be done by the council by declaring the inability of the president to carry out his functions.
Ajulo explained that based on this majority vote, the Senate President and Speaker of the House of Representatives would set up a medical committee to look into the health status of the president and deliver its report.
He said, “Until this is done, no one has the right to inquire into the health status of the president or demand that he should step down by reason of his health.
“It is, therefore, ludicrous that certain people are asking for the resignation of Mr President when the provisions of section 144 of the constitution is yet to be evoked or complied with.”