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Wednesday, 10 May 2017

#FranklySpeaking. Dear Conspiracy Theorists...








Dear Conspiracy Theorists,

A President has NO power to declare anyone Acting President neither does he have powers  to decree such position into existence. No sir . 

It is the constitution that has such powers as enshrined in section 145.

The section clearly states that whenever the President writes to the NASS assembly that he is unable to carry out his functions at the moment , the Vice President automatically discharges those functions as Acting President. 

So whether you add this title in a letter or you decide to call him Managing President, Supervising President or Coordinating President, the constitution says he is empowered to discharge the functions of the President as an Acting President. 

If we agree that the President needs to refer to him as Acting President before he becomes one means then that the President can as well decree Maman Daura or Aisha Buhari into existence as Acting President if he decides. 

Ok, let's go back to when we first had an Acting President in 2010. Did any President declare Dr. Goodluck Jonathan Acting President ? 

In 2010, there was not even a letter not to talk of one with coded 'cabalic' meaning . 

All the constitution needed to make Dr. Jonathan Acting President was to interpret Yardua's absence for 78 days as inability to discharge the functions of his office for the time being and automatically Dr. Jonathan was empowered to discharge those functions as  Acting President .  

Everything shouldn't be viewed from a Robert Ludlum prism na.

Inugo?

Fulani herdsmen just wiped out Benue communities and what is trending on social media is how the president should have written his grammar. Hmmm...







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10 comments:

  1. *sighs*

    The person who drafted the January letter cld have used the same template to draft the May letter but one thing obviously missing in the latter is the date of return.

    Personally, I feel Acting and Coordinator are very different in meaning and capacity. Let's liken it to a Wedding Planner and a Wedding Coordinator. A planner is responsible for the whole wedding while working with the different vendors on the brides taste and budget. A coordinator, on the other hand has no control over the budget or the vendors or the brides budget. What she does is basically is to coordinate their various activities during the wedding.

    Let's be honest, letter A gave a date or return while expressly making the VP acting-president. Letter B gave no date of return while implying the VP simply coordinates things. If the president was already working from home before this indefinite departure, whats stops him from working from London too cos that's what me I understanding in that letter.

    Yar'adua wrote no letter of handover cos he prolly believed he wld return. GEJ was still working within the capacity of the VP just like the current VP is still going to act within his own capacity of coordinating things as a VP.

    We all know what the constitution said but in the end,thats why we have lawyers and judges always at loggerhead interpreting the law.

    In an official letter like that,every word and sentence has meaning. Was the ambiguity in the letter necessary?

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    Replies
    1. There is nothing you people won't see as something . Didn't you read where the writer said that no matter what he calls the VP , he is automatically acting president . Wailers will always find something to wail. When your hero was looting Nigeria dry you people kept quiet. Sai Buhari 2019.

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    2. @ Sasha bone

      Exactly! Your last sentence is so apt.

      We all know that the Constitution plays back stage to however who is in power decides to interpret it. This letter by Buhari just shows how power thirsty he is.

      The one question we should ask is that if writing a letter wasn't necessary for the transfer of powers from the office of the president to whoever is supposed to fill the vacancy, why write one and 'conveniently' ascribe the vice-president as coordinator of government activities? Like Sasha mentioned, official correspondences like this matter a lot. Especially, when the 'office of the coordinating president' doesn't have any backing in the law. Ngozi Okonjo-Iweala was at one time coordinating minister of the economy, but we all know that was just a title, nothing more. We couldn't legally hold her accountable for whatever happened to Nigeria's economy.

      In my humble opinion, this letter just goes to show how the pristine character/integrity of Buhari is a sham...possibly the biggest sham perpetrated in Nigeria in recent times. For one who has seen how the Yaradua's saga put Nigeria in turmoil and was also critical about the errors, to come and perpetrate the same thing even when his survival is in question....this is just unnecessary and could have been avoided. Nigeria would be far better off if he clearly spelt out he's handing over power. Chrisyinks

      PS: @FS, I doubt you live up to your alias of being frank in your article.

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    3. Anonymous 8:29am

      Don't be thirsty under my comment. The next time you wanna rope in my hero (yh,kill urself) into one of ur silly comments,sign off with an identity.

      Ps: Borrow ur messiah ur liver so he can have the guts to arrest my hero..

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    4. 😂😂😂😂 wailers just love to wail . Your hero ain't coming back again forever and ever . You can wail down the wailing walls of Babylon .

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    5. Have some tea, it wld calm ya narvs...lol

      Delete
  2. I think the controversy was not necessary but it goes to shothe that Nigerians have lost trust in this senseless government of no vision and direction . Shame on them .

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  3. It has come to a stage where we now not only debate irrelevant issues, but make non issues to become issues. Someone is excusing Yar'adua for creating a vacuum for over 3 months in the presidency, another is claiming that referring to the VP as coordinator is worrisome.

    "...in compliance with Section 145 (1) of the 1999 Constitution as Amended...the Vice President will coordinate the activities of Government...".

    Before y'all go on and on writing epistles about what the President said or didn't say, read what Section 145 (1) of the Constitution says. That section automatically makes Osinbajo Ag. President, and the President had stated in the letter that he's acting in compliance with that Section of the Constitution, transferring Presidential Powers to his Vice. So why is this up for debate? What is confusing here?

    Osinbajo is Ag. President. There's no vacuum nor is there any form of mischief. If PMB had wanted to be mischievous he wouldn't have stated he'd comply with Section 145(1) of the Constitution.

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  4. Ok Chrisyinks, the truth is that I consider myself one of the biggest critics of this groping in the dark government . Especially in terms of economy and rule of law .

    But for me criticism is not cynicism.

    What does a President do? Is it not to cordinate the affairs of a country ? So I don't see the derogatoriness in that verb . But my point is this, PMB doesn't have such powers to decree an Acting president into being.

    I gave an instance where we had a president who was indisposed to even write and his non availability instantly transformed his Vice into acting as a President . It is not the word where he asked him to cordinate the affairs that automatically made Osibanjo an Acting President, it is rather in the information that he won't be available to cordinate the functions of the country . So it's not the President that empowers , it is rather section 145 that is empowered to do such .

    The greatest challenge this country faces is not having a strategic, organized and focused opposition so every one latches on any suspected ghost to chase after . Look, wether he called him cordinator or acting president , it doesn't matter , section 145 says that the Vice President will carry out the functions of the president as an acting president . I think the point we might be missing is that Acting President is more of a function than a position . So the whole noise is so annoyingly unnecessary. Osibanjo is a law professor and he has cleared the air on this , the senate and rep had cleared the air, unbiased brilliant SANs like Agbakoba and even known critics of PMB like Dr. Junaid has also cleared the air . So it's not about the several ineptitude's of PMB , his vindictiveness and sheer cluelessness about governance , frankly speaking is actually about being frank even when it's not popular . That explains the pseudonym. Stay blessed . FS

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  5. I get your point FS, but what I'm (and Sasha Bone is) essentially trying to say is that a leader(manager) does more than coordinate. Elementary knowledge tells us that managers engage in activities including coordinating, planning, directing, controlling etc....you now see where the loophole exists. The letter creates a vacuum for who directs, plans, controls and other activities one would expect from the office of a manager.

    We all know the power struggle that exists with the office of the presidency and this creates so much vacuum for some lawyers or filibusters to prey on for their selfish goals. What's so difficult for the president to write something like 'In compliance with section 145, I transfer the office/powers of the president to vice-president Yemi Osinbajo who would act in the capacity of Acting president while I'm away for medical leave.'

    I've seen official correspondences for managers going on leave and transferring powers to their next-in-line subordinates in average companies, and it's always very clear. To get this from the highest level of governance in Nigeria isn't just unprofessional, it indicates ill plans.

    While we are still discussing this, why would you title a letter as important as this as 'Medical Follow-up'?

    Besides, I don't get why we refer to prior happenings and make direct comparisons when its clear we are supposed to learn from the mistakes of the past. Yaradua's case was messy, should we still have it messy again?

    Let's not be simple minded, the constitution has lofty goals and guidelines for Nigeria, but where are we now?......clearly, there are greater powers that determine the course of things. Chrisyinks

    PS:
    I believe we both agree that Buhari should have done better with his letter.

    The only way the 'enemies of Nigeria' wouldn't use this letter and the gap it creates for their sinister purposes is because there is so much focus on it now. If Nigerians haven't clapped back at the contents of the letter, in the event of the death of president Buhari, some of them would want to ride on this vacuum - one any right-thinking and selfless president shouldn't have created in the first place. For goodness sake, Jonathan made it easy for him to get into the office, now he wants to throng Nigeria into turmoil if he dies.

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