Leader of Pan-Niger Delta Forum (PANDEF), Edwin Clark, has said that President Muhammadu Buhari breached the Constitution by not formally transmitting power to Vice-President Yemi Osinbajo before leaving for London for his routine medical check-up.
Recall that Special Adviser to the President on Media and Publicity, Femi Adesina, announced Buhari’s departure on Monday, adding that 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 yesterday, Clark asked if the President is afraid of handing over to the VP. According to him, Prof. Osinbajo proved his competence while he acted as president in 2017 when Buhari was out of the country for over 100 days.
He accused the president of taking Nigerians for granted and violating Section 145 of the constitution which mandates him to hand over power when he is travelling. Clark said the President’s argument that he can only transmit power when his trip exceeds 21 days is unknown to law.
In 2019, President Buhari said the only time he needs to hand over to Osinbajo is when he is proceeding on leave, or going to be out of the country for more than 21 days.
He said this in a six-paragraph counter-affidavit deposed on his behalf by the Federal Ministry of Justice. His affidavit was in response to a suit filed by a human rights lawyer, who sued the President and the Attorney-General of the Federation over the failure to hand over power to Osinbajo in April 2019.
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”.
