IS NIGERIA NOW A FAILED STATE?
145 of 1999 Constitution:
"Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives a written declaration that he is proceeding on vacation or that he is otherwise unable to discharge the functions of his office, until he transmits to them a written declaration to the contrary such functions shall be discharged by the Vice-President as Acting President."
When traveling in January, Gen Muhammadu Buhari PERSONALLY transmitted a letter to the National Assembly, notifying them of a SPECIFIC TEN DAYS VACATION, which ended on February 6, 2017. This letter was duly read and became part and parcel of the Votes and Proceedings of the National Assembly.
The president did not return on February 6 as he promised but he has purportedly taken an extended vacation, on ground of ill health, through a letter they was said to have been transmitted to the National Assembly. That "letter" has not been seen by anyone, in order to determine its authenticity and its real author.
The "letter" has not been READ ON THE FLOORS of either Chambers of the National Assembly, to make it part of its Votes and Proceedings. In effect, the legal capacity of Professor Yemi Osinbajo, SAN, ends midnight February 6, 2017.
Somehow, as if acting out a clever script, the Senate had hurriedly adjourned it sitting to February 24, ever before the "letter" for an extended vacation arrived. So legally, the "letter" is cooling somewhere in the National Assembly, just another letter, without any force of law. A letter transmitted to the National Assembly MUST BE READ at the plenary session to become binding.
So, by February 7, 2017, there will be no President or Acting President.
Prof Yemi Osinbajo, SAN, is from the Southern part of Nigeria.