The Senate

Notes that, the President, Commander-in-Chief of the Armed Forces of the Federation, His Excellency, Alhaji Umaru Musa YarAdua, GCFR, left Nigeria for medical attention in the Kingdom of Saudi Arabia on the 23rd November 2009.

Notes that, the entire country, particularly the Senate, prayed for his quick recovery and expected his early return from the said medical vacation.

Notes that on the 12th of January 2010, His Excellency, President Umaru Musa YarAdua, GCFR, transmitted to the whole World through the British Broadcasting Corporation (BBC), a declaration that he is receiving medical treatment in Saudi Arabia and consequently will be unable to discharge the functions of his office until his doctors certify him fit to return to Nigeria to assume his duties.

Notes that the President of the Senate and the Speaker of the House of Representatives read the President’s declaration transmitted through the BBC and further published in several print media.

Satisfied that, in the interest of our nation, Section 145 of the Constitution of the Federal Republic of Nigeria 1999 has been complied with by the said declaration.

Do hereby resolve as follows:                                     

1.  That the Vice President, His Excellency Dr. Goodluck Jonathan, GCON, shall henceforth discharge the functions of the office of the President, Commander-in-Chief of the Armed Forces of the Federation as Acting President.

2.  That the Vice President will cease to discharge the functions of the office of the President when the President when the President pursuant to Section 145 of the Constitution of the Federation, 1999 transmits to the President of the Senate and the Speaker of the House of Representatives in writing that he has returned from his medical vacation.

SENATE PRESIDENT  DAVID A. B. MARK'S REMARKS  ON THE SENATE RESOLUTION  MAKING GOODLUCK JONATHAN ACTING PRESIDENT ON TUESDAY FEBRUARY 9, 2010.

On November 23, 2009, our President, His Excellency Alhaji Umaru Musa Yar’Adua GCFR, travelled to Saudi Arabia for medical treatment.  The President’s prolonged absence has bred anxiety and tension.  Since his departure, Nigerians from various walks of life have engaged in debates over his health status and its effect on governance.

As an institution charged with the responsibility for making laws for the good governance of our nation, the Senate has responded to the debate guided by patriotism, wisdom and our collective national interest.  You will recall that we moved the motion to ascertain the health status of Mr. President on this floor.  Consequently, the Secretary to the Government of the Federation (SGF), Alhaji Yayale Ahmed, was invited to brief the Senate.

In furtherance of this and consequent upon the information provided by the SGF, the Senate urged Mr. President to notify the National Assembly of his medical vacation in compliance with the provisions of Section 145 of the 1999 constitution.

We further resolved that the Senate committee on the Review of the 1999 constitution should undertake a critical review of Section 145 of the constitution in view of the present unforeseen circumstances and urged Nigerians to continue to pray for the speedy recovery of our dear President.

We had also invited the Special Adviser on National Assembly Matter, Senator Mohammed Abb-Aji, to brief the Senate on the circumstances surrounding an alleged failure to transmit a letter from Mr. President to the National Assembly.  Needless to state that in all these actions, the spirit and letters of the constitution as well as a collective desire to sustain our hard-earned democracy served as our guide and road map.

The last 78 days have been very challenging to us as a nation.  We have come under intense pressure, stress and pain.  However, we have examined all the options available to us and today rightly concluded that it is necessary to take this stand and allow the country move forward.

My distinguished colleagues and bosses, shorn of legalese and technalities, the intendment and spirit of the Constitution, as far as Section 145 is concerned, is that the legislature should have foolproof and irrefutable evidence that Mr. President is going on vacation, or is otherwise incapable, in the interim, of discharging the functions of his office.

A rigid and inflexible interpretation will not only stifle the spirit and intendment of the Constitution, but will also affront the doctrine of necessity.  The doctrine of necessity requires that we do what is necessary when faced with a situation that was not contemplated by the Constitution.  And that is precisely what we have done today.  In doing so, we have as well maintained the sanctity of our Constitution as the ultimate law of the land.

Viewed from an ordinary reading of Section 145, we came to the conclusion that the President, through his declaration transmitted on the BBC, has furnished this parliament with irrefutable proof that he is on medical vacation in the Kingdom of Saudi Arabia, and has therefore complied with the provisions of Section 145 of the 1999 Constitution.

For the avoidance of doubt, let me re-emphasise the import of prayer two of our resolution.  The President will automatically resume office as President and Commander-in-Chief once he is well enough and returns to the country and informs us accordingly, pursuant to Section 145.

I have re-emphasised this salient constitutional provision to dispel the obvious disinformation and distortion which both mischief and ignorance will inevitably spawn.

In accordance with this solemn resolution, in this extraordinary time, the Senate shall henceforth receive and accept communication from His Excellency, Dr. Goodluck Ebele Jonathan, GCON, as acting President, in accordance with the provisions of the Constitution of the Federal Republic of Nigeria, 1999.

The fact that we have resolved the logjam democratically is a measure of the depth that democracy has attained in our polity.  This is not the time for winners and losers, but the time to remain united as a people because as a nation, our voyage is on the same tide and we cannot afford a drift.

Today is indeed a historic day for Constitutional development in our country.  The wisdom, patience, endurance, tenacity and understanding of the Nigerian people have strengthened us to attain this milestone and to resolve a seemingly intractable political and constitutional conundrum.  We salute the patriotism and unalloyed support of the Nigerian people, even as we pray for the quick recovery and return of Mr. President.

We recognize and appreciate the patriotism and devotion of our elder statesmen, particularly General Yakubu Gowon, and President Shehu Shagari of the Eminent Elders Group (EEG).  We salute the untiring efforts of General Muhammadu Buhari and Alhaji Atiku Abubakar, we appreciate the Concerned Elders Group led by His Excellency Senator Anyim Pius Anyim, the Civil Society led by the illustrious Prof. Wole Soyinka, and all Nigerians who did not relent in the search for a solution to the Constitutional crisis.  Let me also thank the Governors for supporting and identifying with us.

I thank the State Houses of Assembly, traditional rulers, organized labour, the Nigerian Bar Association, Newspaper Proprietors Association of Nigeria, the Nigerian Guild of Editors and indeed the entire Nigerian press for their principled stand, patriotism and commitment to nation building.  We thank all Nigerians for their patience and understanding.

My bosses, once again, your patriotism, dynamism and commitment have helped steer the ship of state away from the precipice.