Extend VP's powers – Lawyers

2010-01-22 10:54

Abuja - Nigeria's top lawyers on Thursday asked a court to effectively extend the vice-president's powers to encompass those of acting head of state in the continued absence of ailing President Umaru Yar'Adua.

The Nigerian Bar Association (NBA) told a federal high court that Yar'Adua breached the constitution when he left the country two months ago without writing to inform parliament of his absence.

Nigeria's opposition has claimed Yar'Adua's continued absence through illness and lack of information on his condition has stalled government business and threatens a power vacuum in Africa's most populous nation.

"We are saying the court should declare that, even when there is an omission to write the letter, the vice-president is entitled to assume, under the doctrine of necessity, the functions of the president as acting president," said NBA lawyer Akin Olujimi.

They have petitioned the high court in Abuja to have Vice-President Goodluck Jonathan sworn in with full powers.

The same court ruled last week in a separate case that Jonathan can carry out presidential duties in Yar'Adua's absence without a formal transfer of power.

However Justice Minister Michale Aondoaaka said the lawyers "have no power to ask the court to declare an acting president".

"Such powers were vested in the national assembly, which can only do so on the strength of a letter from the president, he added.

"And that is discretional to the president."

Thursday's hearing was one of three legal cases taken up by the opposition to force 58-year-old Yar'Adua, a northern Muslim, to hand over full powers to Jonathan, a southern Christian.

The court is to hand down its ruling on January 29.

- SAPA