Senator Dino Melaye has reacted to the news of President Muhammadu Buhari’s medical trip to the United Kingdom, Tuesday.
Melaye in a statement released on his verified twitter handle on Monday called on President Buhari to transfer power to his Vice President, Prof Yemi Osinbajo by writing a letter to the National Assembly ahead of the scheduled trip to the UK.
The Peoples Democratic Party chieftain also advised Buhari to follow the constitution in writing to the National Assembly.
His tweet reads, “the president should transfer power to the Vice President through a letter to the National Assembly before leaving the country in-line with constitutional provision.”
Recall that the Special Adviser to the President on Media and Publicity, Femi Adesina, had in a statement on Monday evening, said Buhari would proceed to London on Tuesday, March 30, 2021 for a routine medical check-up.
Adesina said Buhari would meet with Security Chiefs first in the morning, after which he would embark on the journey.
He stated that the president would be back from the medical check-up in the second week of April.
The statement reads: “President Muhammadu Buhari proceeds to London, the United Kingdom, Tuesday March 30, 2021, for a routine medical check-up.
“The President meets with Security Chiefs first in the morning, after which he embarks on the journey.
“He is due back in the country during the second week of April, 2021.”
It would be recalled in 2017, Buhari wrote to the National Assembly, notifying the legislature of his 10-day leave and temporary transfer of power to Vice-president Osinbajo.
Former Senate President, Bukola Saraki read Buhari’s letter during a plenary and also forwarded same to the Speaker House of Representatives, Rt. Hon. Yakubu Dogara.
However, President Buhari in 2019 traveled to the United Kingdom between April 25 and May 5 for medical check up without handing over power to Osinbajo.
In a suit filed by the Lagos-based lawyer, Inibehe Effiong, he challenged President Buhari and the Attorney-General of the Federation for the failure to hand over power to Osinbajo between the stipulated period.
Reacting, President Buhari said no constitutional provision compels him to hand over power to his vice every time he is out of Nigeria.
The suit marked FHC/L/CS/763/2019, before Justice A. O. Faji of the Federal High Court in Ikoyi, Lagos on Monday, October 7, 2019, the President stated that there is no constitutional requirement that mandates him to transmit power for any of his trips that is less than 21 days.
In a six-paragraph counter-affidavit Buhari explained the reason why he failed to hand over to Prof. Soremekun.
The affidavit reads, “It is a fact that the 1999 Constitution (as amended) regulates the performance of the duties of the President of the federal Republic of Nigeria in situations where the President is proceeding on vacation or is otherwise unable to discharge the functions of office.
“That it is a fact that where the President embarks on a vacation or otherwise is unable to discharge the functions of his office and fails to transmit a written declaration to that effect, he will be considered not to have complied with the constitution (as amended).
“That the time within which the President has to transmit a written letter to the President of the Senate and the Speaker of the House of Representatives of the Federal Republic of Nigeria is 21 days.
“That the President’s foreign trip lasted for nine days from April 25, 2019 to May 5, 2019. The President did not exceed the 21-day period required by the constitution. It is in the interest of justice to dismiss the claims of the plaintiff.”
