Aondoakaa asks Goodluck to act for president
  • To fill power vacuum as a result of President Yar’adua’s illness:  

Attorney-General of the Federation, Michael Aondoakaa, has written to the Vice President, Goodluck Jonathan, requesting him to avoid any vacuum in the Presidency by acting on behalf of the President, Umar Musa Yar’Adua, on all matters of state as envisaged by “Section 5” of the constitution. 

In a letter delivered to the vice president yesterday, Aondoakaa told Goodluck Jonathan that “Section 5 of the Constitution gives the vice president wide and unfettered latitude to act for the President at anytime and on all matters brought before him” at any time when the president is not available to excercise those powers. 

Aondoakaa is believed to have taken the Secretary to the Government of the Federation, Alhaji Yayale Ahmed, and other top administration officials into confidence before handing this important letter to the vice president. The Attorney-General, Peoples Daily also learnt, took the extra effort of flying to Katsina, the home state of President Yar’adua yesterday to brief the President’s mother and other family members of the latest development. 

A family source who briefed Peoples Daily on the issue explained that the attorney-general was acting to avoid a vacuum in the Presidency because, as he said, no such vacuum had been anticipated by the framers of the constitution. “That is why they called the vice-presidential candidate a ‘running-mate’ in an election. By virtue of this, the running mate (Vice-President) is expected to step in to replace the presidential candidate whenever the need to do so arose.” 

Peoples Daily learnt reliably from another source that the change of heart by the inner caucus of the administration was informed by the fact that many issues that will require the physical presence of the President will soon come-up, hence the need to checkmate the sustained calls for President Yar’adua’s resignation

The source, close to the Presidential Villa confided in Peoples Daily that another reason for the latest decision was the need to take the vice-president along and win his confidence. According to the source, his continuous alienation may have its repercussion as he may be the ultimate beneficiary of any eventuality. 

The source said the new approach was a departure from the earlier position, where it was resolved that all matters requiring the attention of the president will be delivered to him on his hospital bed for his approval. 

“That was why the earlier plan to take the supplementary budget to the president in Saudi for his assent was discarded as it will not only reinforce the call for the president’s resignation but also make the vice-president feel further alienated and that can have dire consequences at the end”, the source said. 

When contacted on the issue on telephone last night, the Senior Special Assistant to the Vice-President on Media, Ima Niboro said: “In that circumstance, you know the appropriate quarters to call, since you’re claiming that the AGF wrote the letter, then call the AGF to confirm to you if he wrote such letters.

“But I don’t know anything about that,” the vice president’s spokesman stressed.

Concerted efforts to reach the Attorney-General last night however failed. Several calls to his line did not go through as it was said to be “currently switched off” up to press time. 

However, when contacted last night, Chief Press Secretary to the AGF, Ambrose Momoh said: “I’m hearing that for the first time. I just resumed yesterday and I’m hearing that for the first time. I’m not privy to that.”

A legal expert who spoke to Peoples Daily yesterday said with the resort to “Section 5”, the Attorney-General had defused the potentially explosive issue of the alleged lack of hand over by President Yar’Adua to Vice- President Jonathan as envisaged by the constitution under “Section 145”.This has caused a bitter argument between the government and its opponents. 

He also said that with this development, the underground contest for the position of vice- president will be rested because Goodluck Jonathan is just an Acting President and does not need a vice-president and President Yar’adua will now have sufficient time in his hands to attend to his health.

The prolonged absence of the president has stalled the 2009 Supplementary Appropriation Bill that addressed critical issues of state which has been duly passed by the National Assembly since November 24, 2009. 

Just last week, the amnesty programme in the Niger Delta being personally supervised by the president ran into a hitch that led to protests by ex-militants and resumption of attacks by the Movement for the Emancipation of the Niger Delta (MEND). 

Although the Senate confirmed their nominations, more than a week ago, the new Chief Justice of the Nigeria and the President of the Court of Appeal could not assume their respective offices because their oath of office that should constitutionally be administered by the president could not be carried out in his absence. 

By Mohammed Isa
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oguche a.u  - this AGF self   |edede41.191.110.xxx |2009-12-23 09:14:37
He was only waiting for the opportunity to be seen as the one to write the
letter instead of the president. Instead of the President writing to the
National Assembly, he is writing to the VP. From the provision of that section,
it is not stated that the AGF should write to the VP before he knows that he can
thus act.The AGF should tell us who shall now be the acting VP.
Ben Duruji  - Dishonesty   |edede204.106.10.xxx |2009-12-23 09:18:28
It is high time we told ourselves the truth. it is high time we put national
interest above personal gains, its high time we stopped and consider tomorrow.
How will posterity think of us when she looks back at what we did when we had
the oppurtunity to act.Mr president I pray that God will heal you of your
illness. But sir, with due respect,Do you think that holding on to power to the
shame and detriment of the most populous black nation and to also to the
detriment of your own health is the wise thing? Do you think that all those
people urging you to stay on when they know that you need to attend to your
health are doing that for thier love for you? How do you feel that a great
nation with about 140 million people does not have a president for a month now?
Think Mr President!! Take the most honorable path. Posterity will applaud you!!
Solomon Tule  - mr   |edede92.40.154.xxx |2009-12-23 10:10:59
Nigeria should always be considered above personal interest.Must Aondoakaa
choose when and how to okay the vice president to act especially that the
constitution is explicit on the procedures to follow should the president became
incapaciteted? How progressive is it for a struggling nation to be without a
president for more than one month? We need a change of attitude if we want to
develope.The likes of Aondoakaa has no business in government.
Usman Santuraki  - AG WRITES THE VP   |edede196.220.14.xxx |2009-12-23 10:22:49
It is quite appropriate to do the right thing and at the right moment. The
Attorney-General knows this section 5 of the constitution but didn't act untill
now, that things are becoming clearer by the day, that the President may not
come back soon due to his illness.
Why take this long before writing the
Vice-President to act as President by invoking section 5?. It really mean, that
the Nigeria politician can go to any length to perpetrate act, that is inimical
to the survival of this great country.
Those that matters in the ruling PDP are
trying to plug this country into choas. Therefore, it is high time, that they
begin to accept the factual truth no matter whose ox is gored.
George  - Hope   |edede118.96.140.xxx |2009-12-23 11:25:37
Let's believe hope is around the corner.But i suspect everything done by AGF.His
action does not reflect the wishes of the people of Nigeria but we hope this
will be a step forward
ojukwu ahaneku  - mr   |edede83.229.48.xxx |2009-12-23 12:04:38
The Attorney-General, thank you for using your good office to save 140,ooo
people. sir, please how is our president doing? once more thank you for
empowering VP via the section 5 of the constitution. please sir, the VP and the
Attorney-General who should empower the other as per the constitution?
thanks
DeleFab   |edede90.199.154.xxx |2009-12-23 12:20:09
I am surprise the national house of assembly are not even bothered to get
involve with the state of the nation. They are always quick to act on issues
that relate to money threatening storm and fire . The ruling party will surely
pay for this come election 2011 .
Dr. Vitus Ozoke  - Foolish AGF   |edede75.74.180.xxx |2009-12-23 12:34:36
Whoever told the AGF that such letter should have emanated from his office? It
should have been the province of the Senate of the Federal Republic of Nigeria
(the people's 'elected' representatives) to make such communication to the vice
president. The AGF is a mere ministerial appointee - he lacks the power to make
such determination.

However, I can see why he chose to act. With a
compromised Senate, not that the AGF is not equally compromised - they all are,
it is easy for anybody with a modicum of political courage to assume unreserved
but floating power to perform a public duty. I am still at loss as to who calls
the shots in Nigeria today. Some have claimed it is Yaradua's wife, Turai;
others say it is this silly AGF who does not know the basic law of the land. God
help Nigeria.
Igboanugo Romanus Uzo  - Mr.   |edede41.184.21.xxx |2009-12-23 12:46:21
What kind country do we find ourselves in,th same Attorney_General of the
Federation who said Mr.President can govern the country from anywhere in the
world is the same AGF who issued letter to VP as acting President.What a
contradictory!.They are dogs.
harry  - md   |edede83.229.48.xxx |2009-12-23 13:05:58
the constitution of the federal republic of Nigeria is bigger than any body, so
let have some respect for the constitutional provisions.
yaradua,goodluck, AGF,
obey the constitution and do what is in the constitution.
Gideon Ogbeide  - IF SECTION 5 EMPOWERS VP TO ACT FOR THE PRESIDEN   |edede209.173.222.xxx |2009-12-23 13:55:35
This AGF is the worst Nigeria has ever had since the creation of our Nation. The
VP should use this opportunity to boot out the AGF.
Kindman  - this agf self!   |edede41.204.224.xxx |2009-12-23 14:13:48
when a common man makes this kind of contradicting statements, it is somewhat
understood. But not for a 'minister of law'. How was he made 'san' in the first
place? That's part of what we are saying. It is evidently clear that he is not
fit to be a minister for that matter. May God help us!
Zakariya Zakari  - Lets be very tranparent in Governance   |edede193.238.31.xxx |2009-12-23 14:23:16
Are we just remembering what the constitution said or we are marking time.
ojay   |edede79.78.82.xxx |2009-12-23 16:11:59
Does Section 5 of the constitution also say that the Attoney General of the
Federal republic of Nigeria should consult with Family members of the president
before taking that decision. BOY-BOY PEOPLE. Now we know how decision are taken.
Ezeakolam, C.J.  - Aondoakaa asks Goodluck to act for president   |edede138.162.8.xxx |2009-12-23 16:19:57
I am shock by this AGF, Michael Aondoakaa utterances right from his assumption
of office. Is he the NASS? What legal and constitutional right has he to order
an elected VP on what to do? What type of lawyer is he? Wonders shall never
cease to happen and he will never stop exposing his mediocrity.
Ellyrichy  - Dr   |edede58.71.157.xxx |2009-12-23 17:17:46
Please Mr AGF, how long will you embarrass the south-south people? Now it's very
clear you don't even know the law. Let me give you my most candid advice. Tell
the president to write the NASS period.
amadu  - change of name   |edede82.128.86.xxx |2009-12-23 18:44:03
am considering changing my name to GOODLUCK. but how come that an appointed AGF
can give order to an elected VP.that is to say that the AGF can at the same time
sack the VP. what a confusion.anyway that name GOODLUCK will save GOODLUCK. ask
ALARM.
abanikonda  - Software Engineer   |edede69.122.14.xxx |2009-12-23 20:32:41
Aondookaa does not possess one ATOM of authority to direct Jonathan Goodluck to
act on behalf of the ill_fated president. When does he suddenly become a
"King maker" ? This man is really, really sick in the head, if not,
he's really under the venomous pressure of FEC ( Federal executive council), and
some fat lipped moose in the house and senate not to act accordingly. If that
should be case, Kaase Aondookaa should call a press conference, alert the Nation
of irregularities within the government, and RESIGN. On the second thought, a
joint session of both houses should cite Yar'Ardua for CONTEMPT; for not acting
accordingly within the constitution; Not informing the Nation of his acute
illness, and the necessary steps expected from him. Yar'Adua's action was worse
than an INVALID. What does he think Nigeria is ? Songhai empire. By now, both
houses of the Congress should either begin impeachment proceedings for violati...
john  - Section 5   |edede86.27.252.xxx |2009-12-23 21:12:29
Editor: You ought to have printed full text of Section 5 in your report.
Jonathan Nwaorgu  - Aondoakaa asks Goodluck to act for president   |edede62.57.17.xxx |2009-12-23 21:38:16
Hellow Hon. Minister of Justice, the sec. 5 of the 1999 constitution of Nigeria
you refered to did not give you the power to write to the vice-president to act
as president. Maybe you were refering to Sec. 5, 1 a of the 1999 constitution
that talks about delegation of power onbehalf of the President but not assuming
the position of the President. This place delegated power to even civil
servants onbehalf of the president whether he is actively working or not.
vin  - Evil people on power.   |edede173.65.208.xxx |2010-01-01 16:49:52
In our today,s Nigeria the power of a minister, an appointee {Aondoakaa} is
greater than the power of an elected vice president{Goodluck}. Look at the way
Aoandoakaa is pushing our vice president around just bcos mr president wants it
to be so. So Aondoakaa knows this section 5 of our constitution and refused to
apply it all these while.I want to state here that Aondoakaa is a liar, deciever
and enemy of Nigerian development. I also want them to tell us the truth if the
president is still alive or not because from the report of daiy TRIBUNE he was
never addmited in the aclaimed hospital in saudi.
Badamasi Haiba  - Aondoaka asks Goodluck to act   |edede41.222.208.xxx |2010-01-05 12:04:12
My only grouse with this development is that, must Yar'Adua's family be
consulted or briefed before carrying out a constitutional duty,Or is there any
provision in our constitution that says the first family should have a stake in
the way our Country ought to have been governed. Aondoaka over to you.
Anyi - DK   |edede217.157.136.xxx |2010-01-16 01:19:08
So THERE IS SUDDENLY A SECTION IN THEIR SO-CALLED CONSTITUTION CALLED SECTION
5???? AND THIS IDIOT KNOWS ABOUT THAT? OR JUST BEING TOLD ABOUT THAT? MERE
LOOKING AT HIM OR HEARING HIM TALK, NO ONE WILL EVER BELIEVE THAT MAN OR ANY OF
THEM PASSED ELEMENTARY SCHOOL. HE WASTED THE PEOPLES' TIME, MONEY, RESPECT,
LIVES ETC.. AND EVEN THE COURT, YET AFTER ALL HIS LIES AND CRIMINAL FORGERY, AND
OTHER CRIMES, HE IS STILL KEEPING HIS JOB!!
Most painful part of all these
rubbish is that Nigerians are the most ignorant people on the face of earth, and
to prove that, they still believe that THE ARE THE GIANT OF AFRICA! SUCH
IGNORANT COULD NOT BE MATCHED!
DAVIS GEORGE  - AGF LETTER:   |edede188.109.232.xxx |2010-01-19 12:50:43
wonders shall never end,how can an appointated servant can have that power to
decide when the vice president should be acting as president if not the
secretary to government to the house and the peoples representative
communicating to the vice president to the effect. this executive members is
only acting now because he still want to remain in his job.when they are out of
government they will reason like human beings but when they are there their
selfish interest becloud their sense of jugement.
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