Ozekhome Proffers Legal Implications on Buhari’s Medical Trip

Human rights lawyer, Chief Mike Ozekhome, yesterday gave the legal implications on the President Muhammadu Buhari’s second medical trip to the United Kingdom.

According to him, section 146 of the 1999 Constitution (as amended) cannot be invoked given the circumstances that will prompt such action of removing the president from office.

Ozekhome also argued that considering the current peculiarities of tribalism, sentiments and religious bias, members of the Federal Executive Council (FEC) will not be able to invoke the provisions of the constitution in order to declare the president incapable and subsequent removal from office.

He said: “Section 143 of the constitution generally deals with the removal of the president from office on the grounds of misconduct in the performance of his office, and the entire procedure involved in the process of such removal.

“Gross misconduct” is defined by the Constitution to mean a “grave violation or breach of the provisions of the constitution or a misconduct of such nature as amounts in the opinion of the National Assembly to gross misconduct.

“It is therefore clear that aside a ‘ grave violation or breach of the provisions of the constitution,’ what amounts to ‘gross misconduct’ is what, in the objective, subjective, whimsical, or capricious “opinion of the National Assembly” to amount to same.

“Section 144 constitution provides for the removal of the president on the grounds of “permanent incapacity” of the president to discharge the functions of his office.”

Ozekhome held that “his removal under this provision, unlike that of S. 143 which is initiated by the National Assembly, is initiated by the members of the Federal Executive Council through a resolution passed by two-thirds majority of all the members of the FEC declaring that the president is incapable of discharging the functions of his office.

“Section 144 (5) defines “Executive Council of the Federation” to mean the “body of ministers of the government of the federation, howsoever called, established by the president...

“Where the declaration is made by the members of the executive council, it is verified by a team of medical panel appointed by the President of the Senate, comprising five medical practitioners, including the president’s personal physician.

“If, in the opinion of the medical panel, the president is suffering from such “infirmity of body or mind” as renders him permanently incapable of discharging the functions of his office, it shall send its report to the President of Senate; and where a notice signed by the President of Senate and Speaker House of Representatives is published in the gazette of the government of the federation, the president or his deputy shall cease to hold office from the date of the publishing of the notice of the medical report.

“It is clear from the above, going by the present scenario of the president’s second medical sojourn abroad that until he is so declared unfit by reason of “infirmity of body or mind,” by two-third majority of ministers, there is nothing any one can do about it.”

He maintained that “it is left to be seen if the Federal Executive Council, a body appointed by, and solely responsible to the president, will summon enough courage to take such steps, even if it were crystal clear that the president is permanently incapacitated to carry out the functions of his office.

“In a plural society such as Nigeria, where cronyism, nepotism, tribalism and ethnoreligious sentiments reign supreme, and where allegiance is owed to the benefactor of a favour rather than allegiance to the nation, it will be impossible to see our squirming and pigeonhearted Ministers, mustering 28 out of about 42 ministers or there about, to secure a two-third majority and declare Buhari unfit to govern. That will be the 8th wonder of the world!

“It is clear from the case of Danbaba Suntai, former Governor of Taraba State, that members of the Executive Council in whose domain lies squarely the kick-starting of the process for the president’s removal on ground of “infirmity of body or mind”, are never ready, able or willing to commence such a highly politically charged process.”