On November 23, 2009, President Umaru Musa yar’Adua was flown to Saudi Arabia for medical treatment. It is now over 50 days and the President has not yet returned or written to the National Assembly in accordance with the constitution.

The President long absence has been attributable to the nature of his ill-health. In his physician’s statement, President Yar’Adua suffered from acute pericarditis, an inflammation of the linning surrounding the heart.

The long absence of the President has apparently heightened the apprehensions of Nigerians over the nation’s political direction and foreign policy especially in the face of united States listing Nigeria on a terriorist watch.

The unending debate over the appropriate procedure to be followed by the President before travelling out for medical treatment has remained unabated with Nigerians having divergent opinions.

Going by the 1999 constitution, the President has the obligation to write to the National Assembly for official leave, thus empowering the vice President to act pending full recuperation.

But the President has not done that resulting in different political permutations.

This flaw has given room to various political groups and eminent citizens calling for strict adherent to the provisions of the constitution. A group of legal practitioners under the auspices of lawyers of conscience have given the President till January 31 to resign or be removed by the National Assembly failing which Nigerians will be mobilized by the group to take their destiny into their hands by any legitimate means possible.

As ministers in the temple of Justice, they have a statutory obligation to critically examine the provisions of the relevant sections 144 and 146 of the 1999 constitution objectively rather than mere statement of sentiment considered on the premises of heating  the  polity.

But the lawyers of conscience must agree that one of the major constitutional problems of this country is the noticeable lacuna in the 1999 constitution. These Lacuna no doubt urgently needs amendment. That is why Nigerians must support the National Assembly to expedite action on the constitutional amendment process in order to address these inadequacies and Lacuna.

We shared in the view of the lawyers that Nigeria cannot be greping in the dark without effective political leader for the past one and half month. But as Nigerians, we need to collectively prays for the quick recuperation of the President and for him to return home and direct the affairs of the country.

However, it is important to evaluate the application of sections 144 and 146 of the 1999 constitution vis-a vis the illness of the President. Section 144 (1) states that the President or Vice president shall cease to hold office if by a resolution passed by two-third 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. Section 144 (1) (b) says 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.

The medical panel to which this section relates shall be appointed by the President of the Senate and shall comprise five medical practitioners one of whom shall be the personal physician of the holder of the office of the president or Vice President.

While section 146 (1) states that the Vice president shall hold the office of President if the office of President become vacant by reason of death or resignation, impeachment permanently incapacitate or the removal of the president from office for any other reason in accordance with the relevant provisions of the constitution.

However, the pertinent question is has president Yar’Adua be found incapacitated to perform his official duties due to his illness and long absence?, Is there any laid down certification of his medical incapability to perform the functions of the office of the President? Has any Panel of medical Practitioners certified the President incapable.

Nigerians must collectively pray for good health and survival of President Yar’Adua  but there is need to rise to the challenge of truly ascertaining the exact state of the President’s health.

When the true state of the President’s health is ascertain of being permanently incapable, then the vice president can assume the  position of Acting President rather than some of the nation’s eminent leaders organizing rally over health matter of our President The 1999 constitution should moderate. Our collective conduct towards moving our nation forbard.

Philip-WuWu Okparaji