Buhari sued for travelling to London for 10 days without handing over power to Osinbajo

HUMAN rights lawyer Inibehe Effiong has dragged President Muhammadu Buhari to court for a breach of the constitution claiming he acted illegally by jetting out to London for 10 days last month without handing over to vice president Professor Yemi Osinbajo.

On April 25, President Buhari arrived in the UK for a 10-day visit that was described as private by presidency officials although they did not confirm that it was for medical reasons. On May 5, however, President Buhari returned to Abuja but this time around, he did not write to the national Assembly to hand over the reins of government to Professor Osinbajo as he has always done when travelling aboard.

Presidency officials had said there was no need to hand over as the president remained working while in London and that he was only away for 10 days, which was within the constitutional limit allowed. However, Mr Effiong is disputing this in a suit filed before a Lagos federal high court, asking that the court determines whether in view of the extant provisions of Section 145 (1) of the constitution, President Buhari can validly proceed on vacation for any length of time without transmitting a written declaration to the National Assembly to that effect.

In addition, the lawyer asked the court to determine whether President Buhari’s action in proceeding on vacation to the UK from April 25, 2019 to May 5, 2019 without transmitting the written declaration to the National Assembly is not in conflict with the provisions of Section 145 (1) of the constitution. Mr Effiong asked the court to determine whether the president in refusing to adhere to the clear and unambiguous provisions of Section 145 (1), had not by that singular action violated his oath of office and the provisions of the constitution which he swore to uphold.

He also asked the court to clarify whether the constitution or any other law for that matter, permits the president to exercise presidential authority over the affairs of Nigeria from any country outside the territorial jurisdiction of Nigeria, save when he is out of the country on official diplomatic engagements. Upon the determination of the above questions, Mr Effiong asked for a declaration of the court that by the provisions of Section 145 (1) of the constitution, the president is mandated to compulsorily transmit a written declaration to the senate president and speaker of the House of Representatives before proceeding on vacation.

Furthermore, Mr Effiong  asked the court to rule that that since the constitution does not have extra-territorial application, the president cannot exercise presidential authority over the affairs of the Federal Republic of Nigeria from the United Kingdom, or any other country. He asked the court to restrain President Buhari from proceeding on vacations whether within or outside the Nigeria without transmitting a written declaration to the senate president and speaker of the House of Representatives.

So far, no date has been fixed for the hearing of the suit. It is expected that the presidency will dispute the case brought against President Buhari.