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UK Visit: Court Rules On Buhari’s Refusal To Handover, Today
The Federal High Court in Lagos presided over by Hon. Justice A. O. Faji will, today, deliver judgment in the suit against President Muhammadu Buhari on the legality of his refusal to hand over power to the Vice President Yemi Osinbajo, during a trip to the United Kingdom in 2019.
Buhari had, on April 24, 2019, left the country for what the president described as a “private visit”.
Last May, a Nigerian lawyer, Inibehe Effiong, dragged Buhari and the Attorney General of the Federation (AGF) Abubakar Malami to court over the matter.
In the suit with number FHC/L/CS/763/2019, Effiong demanded that the court to determine four issues.
These are: “Whether in view of the extant provisions of Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the 1st Defendant can validly proceed on vacation for any length of time without transmitting a written declaration to the President of the Senate of the Federal Republic of Nigeria, and the Speaker of the House of Representatives of the Federal Republic of Nigeria to that effect, which will empower the Vice President of the Federal Republic of Nigeria to perform the functions of the President in an acting capacity.
“Whether the 1st Defendant’s action in proceeding on vacation to the United Kingdom from the 25th day of April, 2019 to the 5th day of May, 2019 without transmitting the written declaration envisaged in Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) to the President of the Senate of the Federal Republic of Nigeria, and the Speaker of the House of Representatives of the Federal Republic of Nigeria is not in conflict with the provisions of Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“Whether the 1st Defendant in refusing to adhere to the clear and unambiguous provisions of Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) has not by that singular action violated his oath of office and the Provisions of the Constitution which he swore to uphold.
“Whether the Constitution of the Federal Republic of Nigeria, 1999 (as amended) or any other law for that matter, permits the 1st Defendant to exercise presidential authority over the affairs of the Federal Republic of Nigeria from any country outside the territorial jurisdiction of the Federal Republic of Nigeria, save when he is out of the country on official diplomatic engagements.”
In his response to the suit, Buhari stated that the Nigerian Constitution does not make it mandatory for him to transmit a written declaration except when his vacation would exceed 21 days.
Buhari’s counter-affidavit, deposed to on his behalf by Mr. Friday Atu of the Federal Ministry of Justice, read in part, “It is a fact that the 1999 Constitution (as amended) regulates the performance of the duties of the President of the Federal Republic of Nigeria in situations where the President is proceeding on vacation or is otherwise unable to discharge the functions of office.
“That it is a fact that where the President embarks on a vacation or otherwise is unable to discharge the functions of his office and fails to transmit a written declaration to that effect, he will be considered not to have complied with the constitution (as amended).
“That the time within which the President has to transmit a written letter to the President of the Senate and the Speaker of the House of Representatives of the Federal Republic of Nigeria is 21 days.
“That the President’s foreign trip lasted for nine days from April 25, 2019 to May 5, 2019. The President did not exceed the 21-day period required by the constitution. It is in the interest of justice to dismiss the claims of the plaintiff.”
Buhari asked the court to strike out the suit because the lawyer lacks the locus standi to institute the case.
Commenting ahead of the judgment, the applicant, Effiong said: “I do not know what the court will decide. But I am confident that tomorrow’s judgment will have far reaching implications for Nigeria’s constitutional democracy and the rule of law.
“I believe that the sacred role of the Judiciary as the guardian of the Constitution will be reshaped, one way or the other by this case.”
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Soyinka Demands Accountability Over Extra-Judicial Killings
Nobel Laureate, Professor Wole Soyinka, has called on Nigerians to reject silence in the face of extrajudicial killings and other abuses of human rights.
Soyinka stressed that accountability and civic courage remain essential to rebuilding public confidence in the nation’s institutions.
He made the call during the 28th Wole Soyinka Lecture held in Port Harcourt, last Friday as part of activities marking his 92nd birthday.
The lecture, themed “Reclaiming the Nigerian State through Accountability, Justice and Civic Courage,” drew participants from different sectors of society.
The renowned playwright and human rights advocate said the country’s greatest tragedy was not only the unlawful killings carried out by state and non-state actors, but also the silence that often follows such incidents, allowing perpetrators to evade justice.
According to him, indifference by citizens to abuses of power and violations of fundamental human rights has contributed to the persistence of extrajudicial killings and other forms of injustice across the country.
Soyinka said he dedicated this year’s lecture to victims of unlawful killings, noting that the event was intended to honour individuals who had lost their lives as a result of failures within the justice system and society’s inability to protect the sanctity of human life.
He stressed that the lecture was dedicated to what he described as the basic unit of every society – the human being, and urged Nigerians to place greater value on human dignity irrespective of ethnicity, religion or social status.
The Nobel Laureate recalled several incidents of violence, including the fatal shooting and killing of a young man in Ugheli in Delta State by a police officer, and the mob killing of Deborah Yakubu in Sokoto State sometime ago, lamenting that many of those responsible are yet to face justice.
He expressed concern that some perpetrators of violent crimes had openly admitted their actions without fear of prosecution, describing such situations as evidence of serious failures within the nation’s justice system.
Soyinka maintained that when justice is delayed or denied, public confidence in state institutions continues to erode, thereby encouraging further violations of human rights.
Responding to critics who accuse him of promoting religious or ethnic divisions whenever he spoke on such issues, Soyinka dismissed the allegations and pointed out that his advocacy has always centred on the protection of human life and the rule of law.
He urged Nigerians to remain vigilant and continue demanding justice in cases of alleged extrajudicial killings, including the recent shooting of a young man by a police officer, stressing that every life deserves equal protection under the law.
The literary icon also recalled an earlier pledge by a past incoming president to make public the files relating to unresolved assassinations and extrajudicial killings, questioning the status of the promised investigations.
He challenged citizens to continue asking questions about unresolved cases, insisting that justice, accountability and respect for human dignity are indispensable to building a peaceful, democratic and inclusive Nigerian society.
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FAAN Backtracks, Says No Fire Incident At Lagos Airport’s Terminal 2
The Federal Airports Authority of Nigeria (FAAN) has clarified that there was no fire at Terminal 2 of the Murtala Muhammed International Airport, Lagos, contrary to its earlier advisory.
Earlier yesterday, FAAN had announced that a fire incident had occurred at Terminal 2 of the nation’s busiest airport, and assured that its Aerodrome Rescue and Firefighting Service had been deployed to contain the situation.
There were also reports that activities were briefly disrupted at the airport yesterday after smoke was seen inside parts of the terminal.
Videos circulating online showed passengers kept standing outside the terminal while firefighters responded to the incident.
However, in an update issued less than two hours later by the Director of Public Affairs and Consumer Protection, Henry Agbebire, and posted on FAAN’s official X handle, the authority said preliminary findings showed that the smoke seen at the terminal was caused by the discharge of the facility’s FM-200 fire suppression system.
“Further to our earlier advisory regarding the incident at Terminal 2 of the Murtala Muhammed International Airport, Lagos, the Federal Airports Authority of Nigeria (FAAN) wishes to provide the following update,” the statement read.
“Preliminary findings indicate that there was no fire at the terminal. The smoke observed within the affected area resulted from the discharge of the terminal’s FM-200 fire suppression system. The reason for the activation of the fire suppression system is currently being investigated,” FAAN stated.
The authority said normal operations had resumed at the terminal while investigations were ongoing to determine the cause of the incident.
“Normal operations have since resumed at the terminal, while detailed investigations are ongoing to determine the exact cause of the incident,” the statement added.
The authority thanked passengers, airlines, airport users and other stakeholders for their understanding and cooperation.
FAAN appreciated the understanding and cooperation of passengers, airlines, airport users and all stakeholders, and reiterated its commitment to the safety and security of all airport operations.
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