The continued absence of the
President Buhari from the country continues to cause discord among Nigerians and various protests like the recent
#ResumeOrResign continues to spring up.
Truth is most Nigerians are confused and not quite aware of what the Nigerian constitution says about a situation like this.
A little research by LIB shows that section 145 of the 1999 constitution says 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'.
Truth is, President Buhari did send a letter to the senate before
embarking on his medical leave, the constitution however did not specify
a time limit for his absence
To understand it better, here's what
Sections 144, 145 And 146 of the 1999 Constitution says below...
144. (1) The President or Vice-President shall cease to hold office, if -
(a) by a resolution passed by two-thirds majority of all the members of
the executive council of the Federation it is declared that the
President or Vice-President is incapable of discharging the functions of
his office; and
(b) the declaration is verified, after such medical examination as may
be necessary, by a medical panel established under subsection (4) of
this section in its report to the President of the Senate and the
Speaker of the House of Representatives.
(2) Where the medical panel certifies in the report that in its opinion
the President or Vice-President is suffering from such infirmity of body
or mind as renders him permanently incapable of discharging the
functions of his office, a notice thereof signed by the President of the
Senate and the Speaker of the House of Representatives shall be
published in the Official Gazette of the Government of the Federation.
(3) The President or Vice-President shall cease to hold office as from
the date of publication of the notice of the medical report pursuant to
subsection (2) of this section.
(4) the medical panel to which this section relates shall be appointed
by the President of the Senate, and shall comprise five medical
practitioners in Nigeria:-
(a) one of whom shall be the personal physician of the holder of the office concerned; and
(b) four other medical practitioners who have, in the opinion of the
President of the Senate, attained a high degree of eminence in the field
of medicine relative to the nature of the examination to be conducted
in accordance with the foregoing provisions.
(5) In this section, the reference to "executive council of the
Federation" is a reference to the body of Ministers of the Government of
the Federation, howsoever called, established by the President and
charged with such responsibilities for the functions of government as
the President may direct.
145. 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.
146. (1) The
Vice-President shall hold the office of President if the office of
President becomes vacant by reason of death or resignation, impeachment,
permanent incapacity or the removal of the President from office for
any other reason in accordance with section 143 of this Constitution.
(2) Where any vacancy occurs in the circumstances mentioned in
subsection (1) of this section during a period when the office of
Vice-President is also vacant, the President of the Senate shall hold
the office of President for a period of not more than three months,
during which there shall be an election of a new President, who shall
hold office for the unexpired term of office of the last holder of the
office.
(3) Where the office of Vice-President becomes vacant:-
(a) by reason of death or resignation, impeachment, permanent incapacity
or removal in accordance with section 143 or 144 of this Constitution;
(b) by his assumption of the office of President in accordance with subsection (1) of this section; or
(c) for any other reason,
the President shall nominate and, with the approval of each House of the National Assembly, appoint a new Vice-President