US based Nigerian moves to unveil Buhari’s health status, asks court to order Senate to set up medical panel

A Nigerian residing in the United States, Mr. Toyin Dawodu, has moved to unveil the health status of President Muhammadu Buhari.

Dawodu has prayed an Abuja Federal High Court to mandate Senate President Bukola Saraki to set-up a medical panel on President Muhammadu Buhari.

The panel according to him is to determine the health status of the president who has been almost inactive since the beginning of the year as a result of an unknown ailment.

In the suit marked FHC/ ABJ/ CS / 508 / 2017 and filed on June 28, Dawodu asked the court to declare Saraki as empowered by the Nigerian Constitution to set up a medical panel to find out Buhari ’s health status “without first being a resolution of the Executive Council of the Federation.”

Section 144 ( 1 ) of the Nigerian Constitution provides that such a medical panel should be set up by the Senate President following a resolution passed by two – thirds majority of the members of the Executive Council of the Federation.

However, the plaintiff, in the suit filed through his lawyer, Frank Tietie, argued that “in the absence of a resolution by the Executive Council of the Federation” as stipulated under section 144 ( 1 ) of the Constitution, that the Senate President could appoint such medical panel “to determine the health status of the President.”

Respondents to the suit are Saraki, the Executive Council of the Federal Republic of Nigeria, and the Attorney General of the Federation, Mr. Abubakar Malami (SAN ).

Dawodu’s demands read in part, “A declaration that the 1st Respondent, Dr . Bukola Saraki, the Senate President of the Federal Republic of Nigeria, is empowered by Section 144 ( 4 ) of the Constitution of the Federal Republic of Nigeria, 1999 (As Altered) to appoint a Medical Panel to determine the health status of the President of the Federal Republic of Nigeria, without first being, a resolution of the Executive Council of the Federation (EXCOF ) on the medical fitness or incapability of President Muhammadu Buhari to discharge the functions of the office of the President of the Federal Republic of Nigeria.”

A supporting affidavit deposed to by a lawyer, Otika Stephen, in the law firm of the plaintiff ’s lead counsel, said Dawodu is a US – based Nigerian.

The affidavit, meanwhile explained that the plaintiff is a registered voter in Nigeria. A copy of the applicant’ s voter card is herein annexed and marked as Exhibit A”.

The affidavit clarified that Dawodu was not against Buhari but only instituted the suit in the public interest.

It further said that Buhari ’s health status was of national concern and that when his illness could no longer allow him to discharge the functions of his office that it would be in the national interest to advise him to resign.

The affidavit further argued, that the Federal Executive Council is unlikely and unwilling to exercise its constitutional responsibility of determining by resolution the status of the President ’s health.

Read also : Buhari recovering, but return still indefinite…

It also argued that even though President Buhari handed over to the Vice – President, Yemi Osinbajo, as acting President, he (Osinbajo) “is fettered even in his capacity to fully discharge the functions and responsibilities of the office of the President.”

Sequel to all these, the affidavit said it was necessary the health status of Buhari is determined and the nature of his illness so as “to advise him to either resign or be impeached.”

Buhari left the country for the United Kingdom since May 7, 2017 for a follow-up medical treatment and has stayed about two months with no definite news of when he is going to return.

Earlier, the president had spent 49 days in the United Kingdom on medical vacation before his return for follow-up treatment.

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