ANA

Petition to Invoke the Nigerian Constitution on the Prolonged Illness and Absence of President Umaru Yar'Adua

Please sign the petition below
Name
City
Email Address

The Association of Nigerians Abroad, ANA, expresses its wish for the speedy recovery of President Umaru Yar'Adua.

ANA recognizes the executive powers accorded the presidency under the Nigerian constitution and the existential instability that would pervade the society as a result of a vacuum. Therefore, the ship of state cannot be allowed to sail listlessly without the chief executive. To underscore the danger of such vacuum in the nation's highest office was the lack of decisive response to recent events that adversely impacted the nation's integrity. During these events, the absence of decisive response expected from the nation's chief executive was evident.

It is for the above reason that ANA declares its unequivocal support for the growing demand by individuals, organizations, civic societies, and recently, the court, for the immediate invocation of Section 144 (1) of the Nigerian constitution relating to the infirmity and long absence of the president from the country for over seven weeks. Never in history has such a prolonged leadership vacuum occurred in Nigeria. ANA is deeply concerned and alarmed that the seventh most populous country in the world with a fledgling nascent democracy is left adrift and leaderless at a time of profound national and global events.

  • As a result of the president's unprecedented long absence from the country due to prolonged illness, the nation's new Chief Justice could not be sworn in by the president as constitutionally required (Section 231).

  • The recent swearing-in of the new Chief Justice by someone other than the President has generated unnecessary political crisis, since the legitimacy of such transition is now being questioned.

  • It was not certain who signed Nigeria's budget, although it was allegedly signed by the president on his sick bed in a foreign country.

  • The president allegedly gave a radio interview to a BBC correspondence when he should have addressed the Nigerian people directly from his sick bed. Nigeria does not need a BBC medium to inform the citizens on when to declare the president capable or incapable of leading the nation.

  • The presidency was alarmingly silent to the disgrace brought upon Nigeria by the alleged terrorist act of a Nigerian against innocent passengers in another country. The terrorist act, which is unprecedented in the nation's history consequently forced the United States government to label Nigeria a haven of terrorists. That was a moment when a nation's leader should have responded decisively to condemn such act on behalf of Nigeria.

Section144. (1) of the Nigerian constitution states without ambiguity the following:

"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."

After more than seven weeks of absence of the president from Nigeria, ANA hereby calls upon the Federal Executive Council, the Senate president, and the Speaker of the House of Representatives to invoke Section 144 of the constitution. ANA calls upon all Nigerians to visit ananet.org to sign this petition and be part of this process of restoring respect to the constitution. The presidency belongs to all Nigerians. Therefore, make your voices heard by signing this petition. The Nigerian fledgling democracy must be protected and strengthened.

Long live Nigeria!

Signed,
Untitled Document

Dr. Robert Okojie, Strongsville, OH, USA

Prof. Felix Akojie, Paducah

Dr. Akobuije Chijioke, Washington

Fatai Oyejobi, Beaumont, TX

Lee Kareem, Strongsville, Ohio

John Babatunde, Toronto

EKUNDAYO AMOS, Jackson

Godwin Umejiaku, Beaumont

Raphael A. Okojie, Hope Mills, NC

Dr William Akpala, London

Ari Ogoke, Garner, NC

Professor Emmanuel Owolabi, Gaborone, Botswana

Emmanuel Ayobami, Moscow

Edobhiye Ehidiamen, Edo

Omorodion Desmond, Cork Ireland

chuma Anyaegbunam, cleveland ohio

ekene, cameroon