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Lawyer drags Buhari to Court over ‘private’ trip to London

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A human rights lawyer, Inibehe Effiong has pressed charges against President Muhammadu Buhari for not handing over power to the Vice President, Professor Yemi Osinbajo during his recent ‘private’ trip to London. 

Joined in the suit filed before a Federal High Court in Lagos with number FHC/L/CS/763/2019, is the  Attorney-General of the Federation, Abubakar Malami.

Among other things, the lawyer wants the court to determine whether in view of the extant provisions of Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Buhari can validly proceed on vacation for any length of time without transmitting a written declaration to the National Assembly to that effect, which will empower the Vice-President to perform the functions of the President in an acting capacity.

He said the President violated the provisions of Section 145 (1) of the constitution.

Another relief sought by Effiong reads, “A declaration that the failure of the 1st defendant (Buhari) to comply with Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) by not 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 before proceeding on vacation to the United Kingdom from the 25th day of April, 2019 to the 5th day of May, 2019 is a gross violation of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”

He also asked the court to restrain the President from proceeding on vacations whether within or outside the Nigeria 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 in compliance with section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

The Court is yet to fix a date for the hearing of the suit. 

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