It’s illegal for Buhari not to handover to Osinbajo before London trip – Edwin Clark

The leader of Pan-Niger Delta Forum (PANDEF), Edwin Clark, has claimed that President Muhammadu Buhari breached the constitution by not officially transmitting power to Vice President Yemi Osinbajo, before travelling to London, UK for his routine medical check-up.

On Monday, Femi Adesina, the special adviser to the president on media and publicity, announced Buhari’s departure.

He said the president is expected back in the country in the second week of November.

However, there was no mention of whether Osinbajo would be in charge in the president’s absence.

Addressing a press conference in Abuja on Tuesday, Clark asked if Buhari is afraid of handing over to the VP.

He said Osinbajo proved his competence while he acted as president in 2017. That was when Buhari was out of the country for over 100 days.

Not constitutional

Clark said Buhari’s argument that he can only transmit power when his trip exceeds 21 days is unknown to law.

In 2019, the president said he only needs to handover to Osinbajo if he will be out of Nigeria for over 21 days.

He said this in a counter-affidavit deposed to on his behalf by one Friday Atu.

Atu is a litigation officer in the civil litigation department of the federal ministry of justice.

His affidavit was in response to a suit filed by Inibehe Effiong, a human rights lawyer. Effiong sued the president and the attorney-general of the federation over the failure to hand over power to Osinbajo.

“There is no issue of 21 days and the president cannot import into the constitution what is not there,” Clark said.

“What Section 145 says, is that the president shall transmit to the national assembly, the president of the senate and the speaker of the house of representatives, whenever he will be away on medical vacation.

“And in his absence, the constitution empowers the vice president to act as the president. And the word shall is used there. Where does Mr. President get that one from? That one does not exist, except that’s another constitution. I am a lawyer.

“Overseeing of the affairs of the government as acting president is a must. Because the constitution used the word shall which is obligatory. And anything done outside it is unconstitutional and illegal.

“A president’s inability to perform his functions, even for a few hours, mandates such action of transmitting a letter to NASS. This is what is done by any responsible government.”

Buhari’s health

The PANDEF leader further stated that “the president of Nigeria is constitutionally bound to inform Nigerians, of whatever ailment or disease he is suffering from and for which government money is being spent”.

“Nigerians will understand; he is a human, and that is why the framers of the constitution provided section 145. Unfortunately, up till now, Nigerians do not know how much of taxpayers’ money is being spent on their president,” he added.