Buhari's Prolonged absence is not unconstitutional - Femi Falana calls for Constitutional Amendment
Tue Aug 08, 2017 04:22:pm National
2.7K By Abdulkerimu Oare
- The constitution does not cover circumstances like the present.
- No time limits in constitution.
- Calls for this to be looked into in the current constitutional amendments.
Human rights Activist and Lawyer, Femi Falana has recently drawn the attention of Nigerians to the provisions of the constitution regarding the prolonged absence of President Buhari from the country.
Falana disclosed that although the law clearly dictates that in situations where the President fails to issue a letter transferring power to the Vice President, the Vice President automatically becomes an Acting President after 21 days. However, the constitution failed to address extraordinary circumstances where the President stays away from the country for a prolonged period.
Femi Falana used the opportunity to call for an amendment in the ongoing constitutional reviews. He said "as at the time the constitution was amended in 2010 it took cognizance of the president leaving the country without handing over hence the constitution was amended compelling the president to transmit a letter to the National Assembly. And once he does that, the Vice President shall automatically become the Acting President.
"If he does not transmit a letter after 21 days, the vice president shall automatically become the president, ditto for the states. But as to the duration the president can be absent, the constitution is silent.
"So it is therefore hoped that the ongoing review of the constitution will address that because you may have a situation where an elected president will be away for three and half years out of his four years tenure or even the entire four years tenure. It is a possibility."
- No time limits in constitution.
- Calls for this to be looked into in the current constitutional amendments.
Human rights Activist and Lawyer, Femi Falana has recently drawn the attention of Nigerians to the provisions of the constitution regarding the prolonged absence of President Buhari from the country.
Falana disclosed that although the law clearly dictates that in situations where the President fails to issue a letter transferring power to the Vice President, the Vice President automatically becomes an Acting President after 21 days. However, the constitution failed to address extraordinary circumstances where the President stays away from the country for a prolonged period.
Femi Falana used the opportunity to call for an amendment in the ongoing constitutional reviews. He said "as at the time the constitution was amended in 2010 it took cognizance of the president leaving the country without handing over hence the constitution was amended compelling the president to transmit a letter to the National Assembly. And once he does that, the Vice President shall automatically become the Acting President.
"If he does not transmit a letter after 21 days, the vice president shall automatically become the president, ditto for the states. But as to the duration the president can be absent, the constitution is silent.
"So it is therefore hoped that the ongoing review of the constitution will address that because you may have a situation where an elected president will be away for three and half years out of his four years tenure or even the entire four years tenure. It is a possibility."
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