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| Dr. Kayode Ajulo (Ph-D) Initiator, Doctrine of Necessity |
revelation concerning the health status
of Nigeria’s President and Commander-in-Chief of the Armed Forces, Mr.
Muhammadu Buhari, the man who proposed the famous ‘DOCTRINE OF
NECESSITY’ that saw ex-President Goodluck Jonathan taking up leadership
in acting capacity in year 2009, while late President
Umar Yar Adua was ill, Dr. Kayode Ajulo (Ph-D) has
re-proposed the section of the Nigerian constitution that supports a change of
guard in Aso Rock villa.
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| President Muhammadu Buhari…Is he really sick? |
February 5 (yesterday), President Buhari who ought to return
from a 2 weeks vacation and medical rest in London
wrote the Nigerian Senate & Federal House of Representatives, informing
them of his inability to return and resume duty on the ground that doctors want
him to get some medical reports.
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there had been wild rumors across the country that Mr. Buhari died in a London Hospital. However, the rumor was
strongly rebuffed by Presidential sources in Abuja. The flame of the rumor was further killed with an emergency
visit to London, by Ogun State Governor
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| Senator Ibikunle Amosun, Governor of Ogun State. He made history as the one and only Governor who visited President Buhari in London |
(In South Western
Nigeria), Senator Ibikunle Amosun to see Mr.
Buhari. Pictures of Senator Amosun
and Senator Daisy Danjuma (Wife of a former Defense Minister, General T.Y.
Danjuma) in a meeting with Mr. Buhari
in his London residence with another picture of Senator Amosun and Mr. Buhari having a breakfast later went
viral on social media. All these knocked down fears in various quarters, about
the health status of the hard working Nigerian President.
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| Senator Daisy Danjuma (R) Also visited President Buhari in London |
with his inability to return to Nigeria yesterday, Sunday February 5th,
diverse opinions are putting out theories that could save Nigeria from an imminent constitutional crisis like it happened
between year 2009 and 2010 when President
Umar Yar Adua was ill and domiciled in a Saudi-Arabian hospital with Abuja
left to drift apart with no head ship.
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| Senate President Bukola Saraki….Feeling Powerful… |
Party and founder, Kayode Ajulo’s
Castle of Law Chambers, Abuja is
proposing section 144 to the imminent constitutional logjam that is pervading Abuja presently. Sahara Reporters, an
online publication had reported that the Nigerian President might spend up to
four months from his official desk due to his illness, which is said not to be
terminal but ‘serious’.
and 2010, Dr. Ajulo emerged a legal
genius with his ‘Doctrine of Necessity’ concept via section 144 which
he took through an Abuja High court
before it was adopted by the National Assembly. Although, the doctrine eventually
forced the hands of the cabals of the time to entrust power to the hands of a
seemingly vulnerable Vice President
Goodluck Jonathan who later survived Mr.
Yar Adua as first ‘Acting President’ and later, ‘President’, after the
demise of the later. Today, Ajulo is propsing the doctrine to take
care of a much more elaborate situation.
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| Dr. Kayode Ajulo….Is he going to make history again? |
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Statement issued in Abuja last night
and obtained by Asabeafrika this morning, Dr. Kayode Ajulo noted that “With
latest vibes coming from the Nigerian presidency, invocation of Section 144 of
our constitution is imperative”
“President Muhammadu Buhari has written to
the National Assembly today (Yesterday)
February 5, 2017, informing the nation of his desire to extend his leave
in order to complete and receive the results of a series of tests recommended
by his doctors”.
“Although, the President had planned to return to Abuja today, but was reported
to have been advised by his doctor(s) to complete the test cycle before
returning.
Based on the above, notice to that effect has been dispatched to the
Senate President, and Speaker, House of Representatives”.
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| Speaker Yakubu Dogara….Got Mr. Buhari’s letter |
confirming his ill-health, it became imperative to appreciate the position of
our law in order not to once again, plunge the county into another
constitutional crises”.
“Recall that the same issue and it’s
attendant constitutional imbroglio reared its head at the twilight of late
Alhaji Umaru Musa Yar Adua’s Presidency in 2010.
While wishing President Muhammadu Buhari speedy recovery, it is however crystal
clear that presently, the President is unable to perform his statutory duties
by the reason of his health, and therefore incapacitated”.
The lawyer pointed further in his letter “In
such situation the procedures as contained in section 144 of the 1999
Constitution of Federal Republic of Nigeria (as amended) is imperative and must
be applied to deal with the unfortunate situation in our national history”.
Inside Section 144…
(1) The President or Vice-President shall cease to hold office, if:
(a) by a resolution passed by two-thirds majority of all the members of the
executive council of the Federation, it is declared that the President or
Vice-President is incapable of discharging the functions of his office; and
(b) the declaration is verified, after such medical examination as may be
necessary, by a medical panel established under subsection (4) of this section
in its report to the President of the Senate and the Speaker of the House of
Representatives.
(2) Where the medical panel certifies in the report that in its opinion the
President or Vice-President is suffering from such infirmity of body or mind as
renders him permanently incapable of discharging the functions of his office, a
notice thereof signed by the President of the Senate and the Speaker of the
House of Representatives shall be published in the Official Gazette of the
Government of the Federation.
(3) The President or Vice-President shall cease to hold office as from the date
of publication of the notice of the medical report pursuant to subsection (2)
of this section.
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| Ex-President Goodluck Jonathan…A great beneficiary of Dr. Ajulo’s Doctrine of Necessity |
(4) the medical panel to which this section relates shall be appointed by the
President of the Senate, and shall comprise five medical practitioners in
Nigeria:-
(a) one of whom shall be the personal physician of the holder of the office
concerned; and
(b) four other medical practitioners who have, in the opinion of the President
of the Senate, attained a high degree of eminence in the field of medicine
relative to the nature of the examination to be conducted in accordance with
the foregoing provisions.
(5) In this section, the reference to “executive council of the Federation” is
a reference to the body of Ministers of the Government of the Federation,
howsoever called, established by the President and charged with such
responsibilities for the functions of government as the President may direct.
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| Acting President Yemi Osinbajo….Does he need any doctrine to get there? |
the provision of our law and the very path to follow. I need not say more.
May the Almighty God bless the Federal Republic of Nigeria.
Dr.
Kayode Ajulo is Principal
Partner, Kayode Ajulo & Co. Castle of Law and founder, Egalitarian
Mission for Africa. He is also a
former National Secretary of Labour Party
in Nigeria.
