Lawyers Reacts over Decoration of New IGP, Says Its without Buhari Handling Over of Power

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There are indications that the recent actions of the duo of Major General Muhammadu Buhari (Retired) and Professor Yemi Osibanjo SAN, in refusing and neglecting to abide with the provisions of the Constitution of the Federal Republic of Nigeria (1999 as amended) as contained in their respective Oath of Offices when being sworn into the Offices of the President and Vice President of the Federal Republic of Nigeria in area of handling over of power, before the purported appointment of Usman Alkali Baba as the Acting Inspector General of Police will be challenged in a Court of competent jurisdiction by some Nigerian lawyers.

One of the lawyers, Ayo Ademiluyi in a statement argued that Major General Muhammadu Buhari’s failure to transmit power to the Vice President, Professor Yemi Osinbajo SAN upon his foreign medical trip to London, United Kingdom is in flagrant violation of Section 145 (1) (2) of the 1999 Constitution of the Federal Republic of Nigeria, 2011 as amended.

For the sake of clarity, according to him, Section 145(1)(2) of the 1999 Constitution unambiguously provides and is hereunder reproduced inter alia that:

“(1) 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.

“(2) In the event that the President is unable or fails to transmit the written declaration mentioned in subsection (1) of this section within 21 days, the National Assembly shall, by a resolution made by a simple majority of the vote of each House of the National Assembly, mandate the Vice-President to perform the functions of the office of the President as Acting President until the President transmits a letter to the President of the Senate and Speaker of the House of Representatives that he is now available to resume his functions as President.”

FirstBank Firstmonie

The questions to ask are numerous but some are:
Why is Major General Muhammadu Buhari (Retired) adamant in purporting to exercise the powers of the President of the Federal Republic of Nigeria when on a private medical visit in violation of Section 154 (1) (2) of the Constitution of the Federal Republic of Nigeria?

  1. Why is Major General Muhammadu Buhari (Retired) purporting to appoint an Acting Inspector General of Police without compliance with the constitutional procedure of appointing same?
  2. Why is Professor Yemi Osibanjo SAN, a Distinguished Professor of Law and Senior Advocate of Nigeria decorating impunity by first of all refusing to assert the impropriety of the unconstitutional conduct of Major General Muhammadu Buhari (Retired) in purportedly exercising powers as President of the Federal Republic of Nigeria against the provisions of the Constitution and in decorating an Acting Inspector General of Police , appointed without compliance with the Constitution of the Federal Republic of Nigeria?

The answers seem to be, as a poet, said to be blowing in the wind.

Furthermore, to elucidate on the illegality and unconstitutionality of the recent appointment of Usman Alkali Baba as the Acting Inspector of Police (IGP), it is important to stress that, the President lacks the power to unilaterally appoint the (Acting) Inspector General of Police.

By virtue of Section 215 and 217 of the 1999 Constitution of the Federal Republic of Nigeria, Ademiluyi noted that the appointment of an IGP shall be made by the President on the advice of Nigeria Police Council.

Dew of Hermon School
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