Information service of the Pontifical Mission Societies since 1927
Abuja (Agenzia Fides) - “The circumstances in which I find myself assuming office today as acting president of our country are uncommon. More than ever therefore, I urge all Nigerians as a people who have faith in God to pray fervently for the full recovery of our dear president, and his early return.” Thus did the Vice-President of Nigeria, Goodluck Jonathan, agree yesterday, February 9, to assume the post of interim president, conferred upon him after the two Houses of Parliament, Senate and House of Representatives, adopted two separate resolutions to entrust the presidency ad interim to Jonathan (see Fides February 9, 2010).
The act also brought an end to a lengthy tug of war to force President Umaru Yar'Adua, hospitalized since November in Saudi Arabia, to entrust presidential powers to his deputy.
The solution, however, threatens to open a new dispute as it has not followed the procedure prescribed by section 145 of the Constitution, which calls for the President to report to Parliament with a letter on his incapacity to perform his duties, entrusting the Vice-President with the presidency ad interim. Resolutions adopted by both houses of Parliament say they based their decision on the interview released by Yar'Adua on January 12, in which the President stated that he will return to Nigeria to exercise his powers when the doctors allow him.
Both motions assert that in issuing an interview, Yar'Adua complied with the provisions of the Constitution because he showed the entire country his temporary inability to govern. In terms of technical and legal aspects, Parliament has invoked the "doctrine of necessity", a provision of the Common Law (jurisprudence adopted by English-speaking countries, based on a set of rules not enumerated in a Code of Law, as in Latin Law), which allows courts to administer justice in situations not covered by specific legislation.
Applying this definition to the institutional crisis, the National Assembly's decision was justified as a measure to cope with an emergency situation not foreseen by the drafters of the Constitution. Yar'Adua has not in fact been able or willing to write the letter entrusting presidential powers to Jonathan, while the country began to experience a growing sense of insecurity and uncertainty about the leadership of the nation.
In his Inaugural Address, ad interim President Jonathan appealed for national unity and wanted to reassure everyone of the respect for democracy. "In all these, there are no winners and no losers, because by the grace of God we have once again succeeded in moving our country forward." Jonathan set out priorities of his administration: to consolidate the amnesty in the Niger Delta, find a lasting solution to the crisis in Jos, improve public safety, strengthen the infrastructure (including the power grid), and encourage new job opportunities. (L.M.) (Agenzia Fides 10/2/2010)
