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President Buhari dragged to court for refusing to handover to Osinbajo

A Nigerian lawyer, Inibehe Effiong, has dragged President Muhammadu Buhari to court for failing to hand over to the vice president, Yemi Osinbajo.

Buhari had on April 24 2019, left the country for what he described as a ‘private visit.’

The suit number FHC/L/CS/763/2019, was filed before a Federal High Court in Lagos.

Effiong is asking the Court to determine four issues which are: “Whether in view of the extant provisions of Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the 1st Defendant can validly proceed on vacation for any length of time without transmitting a written declaration to the President of the Senate of the Federal Republic of Nigeria, and the Speaker of the House of Representatives of the Federal Republic of Nigeria to that effect, which will empower the Vice President of the Federal Republic of Nigeria to perform the functions of the President in an acting capacity.

“Whether the 1st Defendant’s action in proceeding on vacation to the United Kingdom from the 25th day of April, 2019 to the 5th day of May, 2019 without transmitting the written declaration envisaged in Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) to the President of the Senate of the Federal Republic of Nigeria, and the Speaker of the House of Representatives of the Federal Republic of Nigeria is not in conflict with the provisions of Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

“Whether the 1st Defendant in refusing to adhere to the clear and unambiguous provisions of Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) has not by that singular action violated his oath of office and the Provisions of the Constitution which he swore to uphold.

“Whether the Constitution of the Federal Republic of Nigeria, 1999 (as amended) or any other law for that matter, permits the 1st Defendant to exercise presidential authority over the affairs of the Federal Republic of Nigeria from any country outside the territorial jurisdiction of the Federal Republic of Nigeria, save when he is out of the country on official diplomatic engagements.”

The court is yet to fix a date for hearing of the case.

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