Monday, 6 February 2017

Buhari’s Health Latest: Legal Expert, Dr. Ajulo invokes Section 144


By on 15:44
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Dr. Kayode Ajulo (Ph-D) Initiator, Doctrine of Necessity

With new revelation concerning  the health status of Nigeria’s President and Commander-in-Chief of the Armed Forces, Mr. Muhammadu Buhari, the man who proposed the famous ‘DOCTRINE OF NECESSITY’ that saw ex-President Goodluck Jonathan taking up leadership in acting capacity in year 2009, while late President Umar Yar Adua was ill, Dr. Kayode Ajulo (Ph-D) has re-proposed the section of the Nigerian constitution that supports a change of guard in Aso Rock villa.
President Muhammadu Buhari...Is he really sick?
On Sunday, February 5 (yesterday), President Buhari who ought to return from a 2 weeks vacation and medical rest in London wrote the Nigerian Senate & Federal House of Representatives, informing them of his inability to return and resume duty on the ground that doctors want him to get some medical reports.


Before now, there had been wild rumors across the country that Mr. Buhari died in a London Hospital. However, the rumor was strongly rebuffed by Presidential sources in Abuja. The flame of the rumor was further killed with an emergency visit to London, by Ogun State Governor
Senator Ibikunle Amosun, Governor of Ogun State. He made history as the one and only Governor who visited President Buhari in London
(In South Western Nigeria), Senator Ibikunle Amosun  to see Mr. Buhari. Pictures of Senator Amosun and Senator Daisy Danjuma (Wife of a former Defense Minister, General T.Y. Danjuma) in a meeting with Mr. Buhari in his London residence with another picture of Senator Amosun and Mr. Buhari having a breakfast later went viral on social media. All these knocked down fears in various quarters, about the health status of the hard working Nigerian President.
Senator Daisy Danjuma (R) Also visited President Buhari in London
However, with his inability to return to Nigeria yesterday, Sunday February 5th, diverse opinions are putting out theories that could save Nigeria from an imminent constitutional crisis like it happened between year 2009 and 2010 when President Umar Yar Adua was ill and domiciled in a Saudi-Arabian hospital with Abuja left to drift apart with no head ship.
Senate President Bukola Saraki....Feeling Powerful...
 Dr. Kayode Ajulo, a former National Secretary of the Labor Party and founder, Kayode Ajulo’s Castle of Law Chambers, Abuja is proposing section 144 to the imminent constitutional logjam that is pervading Abuja presently. Sahara Reporters, an online publication had reported that the Nigerian President might spend up to four months from his official desk due to his illness, which is said not to be terminal but ‘serious’.  
Between 2009 and 2010, Dr. Ajulo emerged a legal genius with his ‘Doctrine of Necessity’ concept via section 144 which he took through an Abuja High court before it was adopted by the National Assembly. Although, the doctrine eventually forced the hands of the cabals of the time to entrust power to the hands of a seemingly vulnerable Vice President Goodluck Jonathan who later survived Mr. Yar Adua as first ‘Acting President’ and later, ‘President’, after the demise of the later.  Today, Ajulo is propsing the doctrine to take care of a much more elaborate situation.
Inside Section 144…
Dr. Kayode Ajulo....Is he going to make history again?

In a Presss Statement issued in Abuja last night and obtained by Asabeafrika this morning, Dr. Kayode Ajulo noted that “With latest vibes coming from the Nigerian presidency, invocation of Section 144 of our constitution is imperative”
 Ajulo offered a prayer for the country and continued “May God heal our land”.
President Muhammadu Buhari has written to  the National Assembly today (Yesterday) February 5, 2017, informing the nation of his desire to extend his leave  in order to complete and receive the results of a series of tests recommended by his doctors”.
“Although, the President had planned to return to Abuja today, but was reported to have been advised by his doctor(s) to complete the test cycle before returning.
Based on the above, notice to that effect has been dispatched to the Senate  President, and Speaker, House of Representatives”.
Speaker Yakubu Dogara....Got Mr. Buhari's letter
Ajulo stated further “With the letter of President Mohammadu Buhari to the National Assembly confirming his ill-health, it became imperative to appreciate the position of our law in order not to once again, plunge the county into another constitutional crises”.
“Recall that the same issue and it's attendant constitutional imbroglio reared its head at the twilight of late Alhaji Umaru Musa Yar Adua's Presidency in 2010.
While wishing President Muhammadu Buhari speedy recovery, it is however crystal clear that presently, the President is unable to perform his statutory duties by the reason of his health, and therefore incapacitated”.

The lawyer pointed further in his letter “In such situation the procedures as contained in section 144 of the 1999 Constitution of Federal Republic of Nigeria (as amended) is imperative and must be applied to deal with the unfortunate situation in our national history”.
Inside Section 144…
The section states as follows;
(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.
Ex-President Goodluck Jonathan...A great beneficiary of Dr. Ajulo's Doctrine of Necessity
(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.

Conclusion…
Acting President Yemi Osinbajo....Does he need any doctrine to get there?
The above is the provision of our law and the very path to follow. I need not say more.

May the Almighty God bless the Federal Republic of Nigeria.

Dr. Kayode Ajulo  is Principal Partner, Kayode Ajulo & Co. Castle of Law and  founder, Egalitarian Mission for Africa. He is also a former National Secretary of Labour Party in Nigeria.

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