Nigeria’s President, Muhammadu Buhari, has spent more than 90 days in London over ill-health after transmitting notice of vacation, in compliance with Section 145 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, to the National Assembly. Accordingly, the Vice President, Professor Yemi Osinbajo, stepped into the shoes on acting capacity.
So far, the Acting President has demonstrated his intellects and capabilities with outstanding results; breaking barriers, spearheading economic policies, penetrating hitherto no go-areas, especially parleying with the Niger-Delta militants, among others.
To ascertain Buhari’s health condition, Acting President Osinbajo, Senate President, Dr. Bukola Saraki, alongside Speaker of the House of Representatives, Yakubu Dogara, visited Buhari at the London hospital for a first-hand information. Shortly afterwards, a delegation of the ruling All Progressives Congress (APC) joined the train. And finally, some governors, including those  from the opposition Peoples Democratic Party, PDP, concluded the exercise.
From their respective reports, President Buhari is recuperating speedily and willing to resume duties as soon as possible. Incidentally, his high hope of leaving the shores of United Kingdom remains at the mercies of his physicians.
On account of the President’s prolonged vacation, some Nigerians are demanding for Buhari’s resignation on account of Section 146 of the Constitution.  They argued that the vacation is tantamount to vacancy in the office of the President, and that prolonged ailment amounts to permanent incapacity.
Unfortunately, this is a misconception of the laws.  The laws aren’t ambiguous on this. There are detailed procedures to arrive at permanent incapacity.
Nevertheless, the controversy coincidentally pointed out a salient lacuna in the Nigerian Constitution that, a president or governor presently can embark on indefinite vacation without violating any laws by mere transmission of notice to the appropriate quarters.
It is instructive to note that the three months dateline relied upon by the protesters is only indicated in Section 146(2) supra, and exclusively applicable in a situation where the  offices of the President and Vice President are concurrently vacant by circumstances listed in Section 146 (1). In such a scenario, the Senate President shall temporarily hold the office of the President not exceeding 90 days for a presidential election to hold.
It is, therefore, imperative to note that Buhari, at the moment, impliedly stepped aside as President of  Nigeria, paving way for the existence of  the office of the Acting President. Thus, Buhari is constitutionally not liable. And until he transmits his resumption to the National Assembly, he lacks the powers to perform the duties of the President despite active pecuniary entitlements.
The Acting President is presently in full control of governance and constitutionally empowered to exercise all the functions designated for the President. If not for the amiable relationship between the duo, Professor Osinbajo is not under any constitutional duty to relay his decisions to the President, talk less of seeking approval. In fact, any documents assented to by the Acting President remain valid as if it was signed by the President.
The self-indulgent protests and worries would have been meaningful if directed to any unfriendly policies. Admittedly, protests and criticisms are democratic norms, and commonplace desiderata in civilized societies for checkmating excesses in government.
Nonetheless, the protest, be it politically-sponsored or otherwise, would have earned sizeable accolades, had it been against issues of premium values  such as foreign medical trips for all public office holders, or the jumbo allowances in the National Assembly at the expense of the travailing masses. The protest would have also made sense if directed at some recent court judgments on corruption cases which surprisingly, hastily discharged and acquitted privileged citizens who were arraigned for looting billions of local and foreign currencies, while poor citizens arraigned for stealing as little as a goat are convicted, languishing in various prisons across the nation; some on awaiting trial lists for years.
Obviously, criticisms are conventionally anchored on principles. A situation where people embark on meaningless protests out of naivety or pecuniary interests is unfortunate. As reported, a notable artiste collapsed allegedly on account of tear-gas from the police. What a misadventure and misappropriation of time!
A public office holder, including occupant of the office of the President, who duly obtained authorization to proceed on vacation is irrefutably free to be off-duty post and, therefore, not liable to any official matters. The finest offer citizens owe President Buhari presently is prayers and encouragement. All issues pertaining to governance of the country at the moment are on Prof Osinbajo’s shoulders. Interestingly, the learned professor is evidently up and doing; he is performing according to his abilities. This should be the consolations to Nigerians.
Osinbajo also earns a distinction by prioritizing national interests; concentrating on the enormous challenges facing the nation, instead of playing politics with detractors as most politicians would have done if  they were in his shoes. This remarkably speaks volume of his citizenship maturity and patriotism.
Overall, Buhari cannot be Nigeria’s President eternally, but his citizenship is beyond lifetime.Thus, to accord him respect at least as a fellow citizen, is vital. Certainly, if it becomes inevitable for him to continue in office on account of ill-health, the need to throw in the towel will present itself naturally.
But for now, for affection sake, inspiring remarks for his quick recovery is the suitable offer to Buhari. Regrettably, the protesters unconsciously portrayed the nation before the international community as brutal, senseless and callous people.
In other words, the position Buhari is currently occupying belongs to his party, APC, and resignation cannot still transfer his mandate to another political party, except by another election. Until then, live and let live!
Umegboro, a public affairs analyst, writes from Abuja.

Carl Umegboro