OPINION: WHY BUHARI SHOULD BE DECLARED PERMANENTLY INCAPACITATED.


Ailing President of Nigeria, Muhammadu Buhari.
Today the 28th of February, 2017 makes it forty-two (42) days since president Muhammadu Buhari left Nigeria on a medical leave. He was supposed to have returned on the 6th of February, 2017 but he couldn’t because he had to run a series of tests his doctors had recommended.


I truly do not know what is ailing the president and neither do top government officials in the executive, legislative and judicial arms of government. However, for it to have kept the president out of the country for 42 days, it is definitely serious than we all have imagined.

There is absolutely no doubt that Buhari’s medical challenge has prevented him from discharging the functions of his office and as such, he should be declared permanently incompetent in accordance with Section 144 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended).

The foregoing section provides thus:

The President or Vice-President shall cease to hold office, if-

a.      By a resolution passed by two-thirds majority of all the members of the executive council of the Federation it is declared that the President or Vice-President is incapable of discharging the functions of his office; and

b.      The declaration is verified after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in this report to the President of the Senate and the Speaker of the House of Representatives.

It is apparent from the above provision of the Constitution and the surrounding circumstances that Buhari is undoubtedly unfit to continue as president of Nigeria and should be declared as such by the executive council on grounds of starkly terrible health.

I do not wish the president bad but even if he recovers, I do not think it wise for him to return to seat. An ailment as grave as he is suffering will certainly inhibit his ability to perform optimally.

Nigeria does not need a president whose health is unstable; a president who is here today and gone tomorrow for another medical leave.

Rather, at times like this when we are battling with economic recession and many other challenges, we need a president who is healthy, whose presence we can guarantee, and who will not be distracted by recurrent demands to attend to his medical issues.

Indeed, there is no gainsaying that Buhari’s need to settle his medical issues has overtaken his duties as president. All the while he has been receiving treatment; it is the country that has been on the receiving end.

Buhari’s health saga is only a distraction which this country doesn’t need at the moment. Although, Buhari hasn’t done much, I believe has had done enough, has served his purpose and should be let go.

Thus, I call for a declaration of incompetence by reason of permanent incapacitation on health grounds and an urgent inauguration of acting president Yemi Osinbanjo as president of Nigeria. This, I believe, is the way forward.


Disclaimer: This is only the view of the author and does not necessarily represent the position of routenaija.

Comments

Anonymous said…
Nigeria is better without Buhari. Since he left, things have been moving on fine. I think he should just stay there.
Anonymous said…
I agree with you o jare' Let him just stay there and be enjoying so we can also enjoy.
Sarah Mang said…
Osinbanjo needs to know he is president. Buhari should not come back and scatter what Osinbanjo has fixed o. I think I agree that Buhari should be declared permanently incapacitated. Chai! these law people no go kill us with grammar.
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This article appears very well written on the surface but a careful look at it shows it is very much wanting and the forgets or deliberately fails to acknowledge that a tree does not make a forest and that each member of the executive cabinet if he or she does the assigned job well,Nigeria will thrive. The president has advisers and ministers and so technically does not need to do anything for the country to run smoothly and well is to take good advice and for the separate cabinet members to function at top gear. We should not forget that anybody can be sick and besides this is not a monarchy but a democracy. So after 4 years his party may suggest that because of his health a primary should be held for another candidate to be the party's flag bearer. But in the last analysis, it is not A P C that holds the key to who occupies Aso Rock, not even my party P D P or any other party for that matter but the Nigerian voters majority of whom are not party affiliated like some of us few - even though we make the greatest amount of noise. After all, only next year shields another election year from us. And so if we prefer, we can include the health check as a criteria for eligibility to run for the office of the president. Meanwhile President Mohammed Buhari's cabinet and his party should do a good job in the 1+ year that it has to rule or else the mantle is going to fall back to the P D P who are now in the opposition Re. Theory of the Foxes and the Lions by Wilfredo Pareto. Thank you
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