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Buhari’s letter: Creating a Constitutional crisis where there is none

Published

9 years ago

May 10, 2017

By: Faeren Kuanum Terrence

The wordings of the letter conveying President Muhammadu Buhari’s decision to travel to the Uk for medical treatment has sparked a controversy.

From fears that the president may sneak out of the country without informing the National Assembly, the emanating issue after the president has observed all the processes for him to proceed on the medical vacation including transmitting a letter to the National Assembly as well as informing the citizenry has transmuted into a hullabaloo on the literal meaning of a certain phrase in the letter.

The angst has to do with the aspect of the letter which says the vice president will coordinate the activities of the government while the president is away.

And for this, all manners of interpretations have emerged to the extent that some have called on the president to resign saying he has by that comment breached the Nigerian Constitution and (you won’t believe this) annulled the office of the vice president.

Ebun-Olu Adegboruwa, a lawyer, even suggested that the use of the phrase constitutes immense damage to the Constitution and requires a no less drastic measure as commencing impeachment proceedings against the president for the infraction to be addressed.

‎He says this is because the function of a coordinator of government activities does not equal that of an acting president in that the former is a person of equal status with others, do cannot make appointments or sack anybody while the President is away, cannot discipline any erring minister, is limited in policy decisions, and “has no power of control over the ‘Cabal’ to whom the president has handed over power, albeit illegally.”

“In all, he says, “the National Assembly should commence impeachment proceedings against the President for gross misconduct.”

But the lawyer, to paraphrase a Bible passage, can be said to be exhibiting zeal without adequate knowledge on the subject matter.

A careful and disinterested look at the letter would reveal both the zeal and lack of depth to the interpretation given.

This is what the letter says, ” In compliance with Section 145 (1) of the 1999 Constitution (as amended) I wish to inform the Distinguished Senate that I will be away for a scheduled medical follow-up with my doctors in London. The length of my stay will be determined by the doctor’s advice. While I am away, the Vice President will coordinate the activities of the Government.”

We can see clearly that even from the opening phrase of the letter, the President makes no pretense about his resolve to abide by Constitutional provisions and had even made the point that his actions are guided strictly by that provision.

If the president had intended to be dubious, nebulous or evasive as is being insinuated in the message he intended to convey, he would have known better than to make the Constitution his guide and would have completely left out constitutional provisions in the letter since he is not in any way compelled to do so.

It is amazing how a clear matter-of – fact case of respect for the rule of law is now being twisted to look otherwise just to score a political point.

Sections 145 which the president cited states thus: ‘Whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to that effect, and until he transmits to them a written declaration to the contrary, the Vice President SHALL perform the functions of the President as Acting President.’‎

The phrase which caused the uproar should therefore not have done so as the writer of the letter had made it clear where he derives his powers from to so act and even if he by default goes ahead to say anything to the contrary he should simply have been ignored as he cannot approbate and reprobate at the same time.

But that is not even the case here as the constitutional provision which the president relied on to go on medical provision cannot be exercised in part. So, for anybody to input meaning that goes against the spirit and wording of the letter is outright mischievous.

Even if one agrees without conceding that the President had not expressly stated that the vice president should step forth and run the affairs of the country as ‘acting president’, how does that amount to a declaration that the office of the vice president is no more?

The farthest this line of argument would have been stretched was to have said that he continues in his role ‎as vice even in the absence of the president, the added non existent implication is therefore puerile and without legal basis.

‎This leads to the issue of calling on the National Assembly to commence impeachment proceeding on the president for alleged gross misconduct.

The truth is that while the interpretation of gross misconduct is inelastic, the framers of the Constitution did not intend it as a joke or a tool for use by mischief makers like Adegboruwa and his cohorts want to have us believe .

‘Gross’ as the word connotes here is the qualifier that magnifies the misdeed to the proportion intended by the framers of the Constitution which does not exist here. And in this case, even if the letter could be said to have shied away from addressing the VP as acting president, pray, where is the gross misconduct here?

The mere transmission of a letter to the National Assembly to intimate it of the president’s intention to travel and the recourse to a constitutional provision in the same letter, is enough proof that the president respects the Constitution and is well aware of the demand when he is not available.

If any one was in doubt, the best thing to have done was to have cross checked the wording of the section of the Constitution cited and hold the President to account on that basis if and when he goes against that provision.

Looking for loopholes in areas where the weight of the law would suffice is like saying that the letter by the president carries more weight than the Constitution.

‎But every lawyer knows that even where there is that intent and such comes into conflict with the ground norm, it is the Constitution that holds sway.

It is therefore assumed that by citing section 145, the president has done the appropriate thing which in this case is the recognition of the vice president as the acting president so the issue of whether he can sack or appoint anybody does not arise. He needs not sack anyone except some people are planning to sack members of the Federal Executive Council to perfect another sinister agenda.

If a president dies for example, it does not matter whether he stated when he was alive that the vice president should take over from him or not as the Constitution has made that explicitly clear who should take over

The same applies to the current situation where the President has to be away. One wonders what the hoopla is all about then.‎

At this juncture, one can assure all concerned that there is no constitutional crisis in the country. It is those that are out to make political capital out of the current situation that are seeing a constitutional crisis when there is none.

So the call on the National Assembly to reject the President’s letter does not arise. If anything, it would even create more chaos than the storm in a tea cup interest the letter is generating now because if that happens, it would be assumed that the President had travelled and left the country without transmitting a letter to the national Assembly which will set the tone for a constitutional crisis the end of which no one can tell.

Kuanum is a forensic expert and assessor with the Global Amnesty Watch Foundation, contributed this piece from Lagos.

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SANKARA NIGERIA LIMITED PARTNERS LOVOL TO EMPOWER AFRICAN YOUTHS THROUGH MECHANIZATION TRAINING IN KADUNA

Published

1 day ago

April 17, 2026

Becky Hassan

In a bold step toward tackling youth unemployment and advancing agricultural mechanization in Nigeria and across Africa, Sankara Nigeria Limited, in partnership with LOVOL, has successfully launched an intensive training programme aimed at equipping young people with modern mechanical and technical skills.
The initiative, which focuses on contemporary mechanized systems and agricultural equipment maintenance, is designed to build a new generation of skilled technicians capable of driving Africa’s agricultural transformation. The programme provides hands-on training in modern mechanical practices, particularly in the operation, servicing, and maintenance of advanced farming machinery.
Speaking on the development, Dr. Nafiu Danladi Sankara described the opportunity as both impactful and timely, noting that the programme represents a strategic investment in human capital development. According to him, the collaboration between Sankara Nigeria Limited and LOVOL underscores a shared commitment to empowering African youths with practical knowledge that fosters self-reliance and reduces dependence on white-collar employment.
He emphasized that the training is not limited to Nigeria alone but extends across Africa, reflecting a broader vision to create a continent-wide network of competent technicians who can support the growing demand for mechanized farming solutions.
“This initiative is about more than training; it is about creating opportunities, restoring dignity to labour, and building a future where young people can stand on their own through acquired skills,” he stated.
The technical workshop, which drew participants from different parts of the region, was held in Kaduna State, specifically in Zaria, at Unguwa Kaya Junction, New Jos Road, KM 2.
Participants in the programme expressed appreciation for the quality of training and the exposure to modern equipment, noting that such initiatives are critical in bridging the skills gap in the agricultural and mechanical sectors.
The programme also received warm support from the host community in Zaria, located in the historic Zazzau Emirate, where participants were welcomed with remarkable hospitality. Organizers and trainees alike commended the people of Zaria for their generosity and encouraging reception, which contributed to the overall success of the exercise.
As Nigeria continues to seek sustainable solutions to unemployment and food security challenges, initiatives like this stand as a testament to the role of private sector collaboration in national development. By equipping young people with relevant, market-driven skills, Sankara Nigeria Limited and LOVOL are not only transforming lives but also laying a solid foundation for economic growth and agricultural modernization across the continent.

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NNPCL Must Account for N210trn by April 29 – Senate

Published

1 day ago

April 17, 2026

Our Reporter

…Orders Ojulari-led management to produce Kyari, others before committee

From Taiye Hassan
The Senate, on Wednesday, through its Committee on Public Accounts, fixed April 29, 2026, as the deadline for the management of the Nigerian National Petroleum Company Limited (NNPCL) to appear before it and account for the alleged N210 trillion flagged in audit reports covering 2017 to 2023.
The committee directed the Group Chief Executive Officer (GCEO) of NNPCL, Engineer Bayo Ojulari, to appear alongside the immediate past GCEO, Mele Kyari; former Chief Financial Officer, Umar Ajia; Dr. Bala Wunti; and the company’s external auditors on the scheduled date without fail.
The resolution followed a motion moved by Senator Osita Izunaso (Imo West) and seconded by Senator Adams Oshiomhole (Edo North).
Chairman of the committee, Senator Aliyu Wadada (Nasarawa West), stressed that the N210 trillion in question, as contained in the audit reports, must be fully accounted for by the company’s management, particularly the immediate past leadership led by Kyari.
According to him, the responses so far provided by NNPCL to the 19 audit queries were unsatisfactory, noting that Nigerians deserve clear, detailed, and transparent explanations.
“This committee, and by extension the Senate, is not satisfied with the blanket explanation given by NNPCL on the N103 trillion it claimed represents liabilities. Liabilities comprise components such as retention fees, legal fees, and audit fees, and the specific amounts spent on each must be clearly stated and justified,” he said.
Wadada also demanded a detailed breakdown of the N107 trillion which the company claimed was expended on Joint Venture (JV) cash calls, as well as funds allegedly owed by some defunct banks whose identities were not disclosed.
“Consequently, it is hereby resolved that NNPCL is given an additional two weeks to appear before this committee unfailingly. The deadline for compliance is Wednesday, April 29, 2026,” he added.
Earlier, a member of the committee, Senator Abdul Ningi (Bauchi Central), called for the invocation of the National Assembly’s powers to compel the appearance of NNPCL management, citing repeated failures to honour invitations.
“We must treat this matter with the utmost seriousness. The essence of democracy rests significantly on the strength and authority of the legislature. Unfortunately, in recent times, there appears to be a growing reluctance by individuals to honour invitations from the National Assembly, leaving members feeling helpless in compelling appearances before committees,” he said.

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APC Group To Kwara Political Actors: Shun Violence, Hate Speech

Published

1 day ago

April 17, 2026

Our Reporter

Stephen Olufemi Oni, Ilorin

A frontline political group in the All Progressives Congress (APC) in Kwara State have charged political actors across the 16 local government areas of the State to shun violence, rancour and hate speech before, during and after the 2027 general elections.

The APC group, under the aegis of the Asa Progressive Movement (APM), has, therefore, sued for peaceful, issue-based campaigns, devoid of acrimony and name-calling, ahead of the elections.

The Movement made this call in Afon, headquarters of the Asa local government at the endorsement programme of President Bola Ahmed Tinubu for second term, as well as the governorship ambition of former Kwara State APC Chairman, Hon. Bashir Omolaja Bolarinwa.

In a communique signed by the APM Coordinator and the Secretary, Engineer Daud Oladipupo Babatunde and Comrade Yusuf Mutiu Akorede respectively, the Movement said: “We are committed to a peaceful, issue-based campaign and we, therefore, urge all political actors to shun violence, hate speech, and any conduct capable of heating up the polity.

“We call on all well-meaning sons and daughters of Kwara State, regardless of party affiliation, to join this movement for the restoration and advancement of our dear State.

“The 2027 election is about the future of our children and we must rise above petty sentiments.

“We pass a vote of confidence in Hon. Bashir Omolaja Bolarinwa and in the leadership of our great party, the APC, for presenting to the people a competent, credible, and compassionate candidate.

“All structures of the Movement, from the State to the polling unit levels, are hereby directed to commence immediate and intensive mobilisation for the reelection of President Bola Ahmed Tinubu and the candidature of Hon. Bashir Omolaja Bolarinwa. Every member is now an ambassador of these two projects.”

The communique reads further: “Our decision is predicated on Hon. Bolarinwa’s proven track record of service as former Councillor, former Council Chairman, former member of the Federal House of Representatives, former State Chairman of the party, who led the party to 100 percent victory in the 2019 elections, and former Board Chairman of the NBC; his desire to tackle the lingering problems of insecurity, youth unemployment, and agricultural revival; and his integrity, accessibility, and capacity to unite the diverse peoples of the State.

“The APM unanimously endorses Tinubu for second term and Bolarinwa as our preferred candidate for the office of Governor in the 2027 general elections under the platform of the All Progressives Congress (APC).”