*Asks Whether Any Law Permits The President to exercise presidential authority over the affairs of Nigeria from any country save when he is out of the Country on official diplomatic engagements
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A Lagos based lawyer and legal adviser of the Action Congress of Nigeria (ACN), Inibehe Effiong, has sued the President of the Federal Republic of Nigeria, Muhammadu Buhari, and the Attorney General of the Federation, over the failure of the President in transmitting a written declaration as envisaged in section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), with respect to his vacation to the United Kingdom from the 25th day of April, 2019 to the 5th day of May, 2019.
The case with Suit No: FHC/L/CS/763/2019, which was brought by way of an Originating Summons, is seeking the determination of the following questions to wit:
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 Nigeria1999 (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 line with the foregoing, the Plaintiff is seeking for the following reliefs:
A Declaration that by the provision of Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the president of the Federal Republic of Nigeria 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 the effect before proceeding on vacation; A DECLARATION that the failure of the President to comply with the said section before proceeding on vacation to the United Kingdom from the 29th day of April, 2019 to the 5th day of May, 2019 is a gross violation of the Constitution; A Declaration that since the Constitution of the Federal Republic of Nigeria, 1999 (as amended), does not have extra-territorial application, the 1st Defendant cannot exercise presidential authority over the affairs of the Federal Republic of Nigeria from the United Kingdom or any other Country outside the territorial jurisdiction of the Federal Republic of Nigeria, save when he is outside the Country on official diplomatic engagements.
The plaintiff also sought for an order of the Honourable Court restraining the 1st Defendant from proceeding on vacations whether within or outside the Federal Republic of 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 said Originating Process was supported by a twenty four paragraph affidavits, deposed to by the plaintiff, Ihibehe Effiong. Attached to the process is the list of exhibits to be relied upon, a certificate of authentication of computer generated documents, and a written address. The Summons which is dated the 9th day of May, 2019, was taken out by Emmanuel Abraye, Esq.
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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