Barrister Inibehe Effiong, a Human rights lawyer, has approach the federal high court to sued President and the Attorney-General of the Federation for the failure of the President to hand over power to Vice-President Yemi Osinbajo when he decided to travel to London on a private visit two weeks ago.
In a suit number FHC/L/CS/763/2019, was filed before a Federal High Court in Lagos.
Barrister Effiong asked the court to ascertain whether in view of the extant provisions of Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the president can validly proceed on vacation for any length of time without declaration by written transmittion to the National Assembly to that effect, which will empower the Nation’s Vice-President to perform the functions of the President in an acting capacity.
The lawyer asked the court to ascertain whether president Buhari’s action in proceeding on vacation to the Unitef kingdom from April 25, 2019 to May 5, 2019 without prior transmitting written declaration envisaged in Section 145 (1) of the constitution to National Assembly is not in conflict with the provisions of Section 145 (1) of the constitution.
Barrister Effiong asked the court to ascertain whether the President is actually refusing to adhere to the clear and unambiguous provisions of Section 145 (1) of the constitution had not by that singular action violated his oath of office and the provisions of the constitution which he swore to uphold.
Barrister Effiong pray the court to clarify whether the constitution or any other law for that matter, permits the Buhari to exercise Presidential authority over the affairs of Nigeria from any country outside the territorial confers of Nigeria, save when he is out of the country on official diplomatic engagements.
Upon determination of the above quests, Barrister Effiong pray the court for a declaration that by the provisions of Section 145 (1) of the constitution, the President is mandated to compulsorily transmit 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 before proceeding on vacation.
Another relief sought by Barrister Effiong Effiong reads, “A declaration that the failure of the 1st defendant (Buhari) to comply with Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) by not 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 before proceeding on vacation to the United Kingdom from the 25th day of April, 2019 to the 5th day of May, 2019 is a gross disobedience and violation of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
Barrister Effiong pray the court, that since the constitution does not have extra-territorial application, the President cannot exercise Presidential authority over the affairs of Nigeria from any country, even the United Kingdom, so far as it’s outside the territorial jurisdiction of the Federal Republic of Nigeria, except when he is outside the country on official diplomatic engagements.
Barrister Effiong the court to restrain President Buhari from proceeding on any other vacations whether within or outside the Nigeria 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 in compliance with section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The suit before the court has no fixed date for the hearing yet..
