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Six things Osinbajo can’t do in Buhari’s absence
Published


May 1, 2019
Eniola Akinkuotu, Abuja

President Muhammadu Buhari traveled last Thursday on a 10-day ‘private visit’ to London.

For the first time since becoming President, Buhari failed to inform Nigerians the purpose of his visit and had also refused to transmit a letter to the National Assembly to inform the legislature of his absence; nor did he name Vice-President Yemi Osinbajo as the Acting President.


The President’s action has generated a debate regarding Section 145 of the Constitution, which states, “Whenever the President is proceeding on vacation or is otherwise unable to discharge the functions of his office, he shall transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to that effect, and until he transmits to them a written declaration to the contrary, the Vice-President shall perform the functions of the President as Acting President.”


It adds that if the President does not return within 21 days, the National Assembly can, by a resolution, mandate the Vice-President to perform the functions of the office of the President as acting president.

According to the Constitution, the executive functions of the Vice-President include: participation in all cabinet meetings and, by statute, membership of the National Security Council, the National Defence Council, Federal Executive Council, and the Chairman of National Economic Council.


Although the vice president may take an active role in establishing policy in the executive branch by serving on such committees and councils, the relative power of the Nigerian vice president’s office depends upon the duties delegated by the President.

What are the things Vice-President Osinbajo cannot do in Buhari’s absence?

Appointments: With the Presidency operating as one, the Vice-President cannot make any appointments of any sort as the Act establishing most government agencies and departments state expressly that “the President shall appoint.” Even the Vice-President’s personal staffers are appointees of the President, but are only seconded to his office.


The then Vice-President, Goodluck Jonathan, made this clear in 2009 when he refused to swear in the Chief Justice of Nigeria, Justice Aloysius Katsina-Alu, when President Umaru Yar’Adua was on medical leave in Saudi Arabia. It was eventually the outgoing CJN, Justice Idris Kutigi, who inaugurated his successor.

Fire appointees: It will be recalled that Osinbajo had fired the acting Director-General of the Department of State Services, Lawal Daura, in August last year while Buhari was in London on vacation. Osinbajo was able to do so because he was acting President and could thus exercise the full powers of the President. But with Buhari’s refusal to hand over to him this time, Osinbajo cannot fire any appointee even if they’re found wanting. He will have to wait for his boss to return. Osinbajo also cannot reshuffle the cabinet or sack ministers.


Sign bills: On June 12, 2017, acting President Osinbajo signed the 2017 Appropriation Bill into law and the budget was born. Buhari, who had been on medical leave for over 40 days at the time, had handed over power to his deputy to act in his stead. Now that the National Assembly has pass the budget, Nigerians will have to wait for Buhari to return next week for the budget to be made law.



Order the military: Buhari, apart from being the head of the executive branch of government, is also the commander-in-chief of the armed forces. Put succinctly, Buhari is the only civilian that the military takes orders from. It was for this reason that Jonathan could not summon a security meeting until he was made the acting President by the Doctrine of Necessity in 2009. With the escalating security situation in the country, Osinbajo can only watch.



Write the National Assembly: Unlike the United States where the Vice-President is also the Senate President, Nigeria’s Vice-Presidents have never really had any dealings with the Office of the Senate President except when the Vice-President is acting as the President. During his time as acting President between 2016 and 2018, Osinbajo wrote to the Senate many times. For instance, in 2016, he wrote to the Senate to confirm Justice Walter Onnoghen as the CJN. He also wrote the Senate to confirm Ibrahim Magu as the chairman of the Economic and Financial Commission. Osinbajo also cannot forward bills to the National Assembly.



Declare war/state of emergency: Section 305 of the Constitution states expressly that only the President can declare a state of emergency or war.

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It reads, “Subject to the provisions of this Constitution, the President may by instrument published in the official gazette of the Government of the Federation issue a proclamation of a state of emergency in the federation or any part thereof


https://punchng.com/six-things-osinbajo-cant-do-in-buharis-absence/

Unless he becomes acting president.

After all, he was able to fire Lawan Daura of DSS in Buhari's absence...

We have a constitution

We have rules

So nothing to worry about

Baba can make a call from anywhere

We have National Assembly

So to me know issues

sarrki:
We have a constitution

We have rules

So nothing to worry about

Baba can make a call from anywhere

We have National Assembly

So to me know issues

What's your point, do you think Buhari and Cabals regard Osibanjo?

Earthquake3:


What's your point, do you think Buhari and Cabals regard Osibanjo?

Nigeria problem is far above the president

It’s a societal thing

Another president will come after him

If we don’t change as a people

Nothing will change

He can't activate/launch a nuclear war head

Buhari the traveler, our president is on leave what a country

.
I can see the chief zombie on this forum saying nonsense and defending his pay masters up there.

The other zombie who sells dead and rotten vultures suya meat will soon join him to display zombieism

Just look at the zombie below

GOD BLESS OUR DARLING PRESIDENT MUHAMMADU BUHARI AND HIS VICE PRESIDENT YEMI OSIBANJO FOR THE GOOD WORKS THEY ARE BOTH DOING combine TO MAKE OUR COUNTRY WORK AGAIN.

Visiting Ahmed Bola Tinubu
Visiting and preaching at any Redeemed Church
Visiting any Olumba Olumba shrine
Calling the cabal to a meeting

He can't even do anything apart from eating and sleeping.

Osibande is just a slave boy

He (Buhari) doesn't even regard those alphabets in a paper called constitution.

By the ways, who is osibanjo?
The Tradermoni sharer (vote buyer) or the lying imp?

Even If he hand over to him, He will reverse all his decision once he returns.

SugarMuffin:
Buhari the traveler, our president is on leave what a country

post=78022545:
GOD BLESS OUR DARLING PRESIDENT MUHAMMADU BUHARI AND HIS VICE PRESIDENT YEMI OSIBANJO FOR THE GOOD WORKS THEY ARE BOTH DOING TO MAKE OUR COUNTRY WORK AGAIN.

You doing a very good job.... Can doz ppl employ me?I heard dat dey pay you 30k. Am very good at trashing opposition, please DM me

Gift84:
You doing a very good job.... Can doz ppl employ me?I heard dat dey pay you 30k. Am very good at trashing opposition, please DM me

Be guided and try not to be foolish!
We do respect women a lot.
So, Continue to stay in your lane so you won't be dragged in the mud along with your fellow supporters of CRIMINALS.
Be guided.
We will say it AGAIN in capital letters for emphasis sake.....
BE GUIDED!!

[s]

MyVILLAGEpeople:
.
I can see the chief zombie on this forum saying nonsense and defending his pay masters up there.

The other zombie who sells dead and rotten vultures suya meat will soon join him to display zombieism

Just look at the zombie below

[/s]

You just jump about typing rubbish as if your brain and your fingers are in a long-distance relationship.

sarrki:
We have a constitution

We have rules

So nothing to worry about

Baba can make a call from anywhere

We have National Assembly

So to me know issues

Why not carry Aso rock to anywhere since he can rule from anywhere...

Zombies are void of sense

Nawa o, so all this once dey

All these because the office is appointed and not elected for.

Once beaten twice.... They don't want a repeat of ONOGHEN appointment.

IDGAF

All I know is Naija doesn't have a President

His presence or absence makes no difference

Who cares

post=78022545:
GOD BLESS OUR DARLING PRESIDENT MUHAMMADU BUHARI AND HIS VICE PRESIDENT YEMI OSIBANJO FOR THE GOOD WORKS THEY ARE BOTH DOING combine TO MAKE OUR COUNTRY WORK AGAIN.

Chai. Dem don use this one head drink garri

You copied relevant and irrelevant texts. Na wa o. una type de copy person name for examination.

cc: sarrki


To the post, does the VP under this people have any powers

Ok na.


It is always a win win for losers.

When he transmitted letter they complained.

Today they still complained that there is no letter.

Bunch of sore losers