Falana Explains Why Fayose’s Re-Election Bid Will Not Work

A rights lawyer, Femi Falana, SAN, has described as abnormal Ayodele Fayose’s declaration that he may be seeking re-election as Governor of Ekiti State in 2018.

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The Ekiti State governor made the declaration on Monday, saying that he would contest the 2018 governorship election ‎so that he could serve his first term which was truncated in 2006.

Recall that Fayose was impeached in 2006, but the Supreme Court in 2014 nullified the impeachment that ousted him from office about seven months to the end of his first term.

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But Falana said yesterday that Fayose’s bid to seek re-election would amount to tenure elongated which no court could grant.

He said, “Tenure extension by a governor under any disguise is anomalous. No court can prolong the tenure of a sitting governor buying the two terms prescribed by the Constitution.

“In the case of Gov Rasheed Ladoja v INEC the appellant wanted an extension of his term of office to allow him to spend extra 11 months while he was fighting his impeachment from outside.

“Although the Supreme Court had set aside his impeachment it was held that the relief was illegal and unconstitutional.

“Similarly, the governors who were re-elected after their initial election was annulled, the Supreme Court made it abundantly clear that tenure extension was unknown to the Constitution.

“In view of the settled position of the law on the matter, Governor Ayo Fayose cannot be granted by any court in Nigeria.”

By John Owen Nwachukwu

Falana Explains Why Osinbajo Should Not Sign The 2017 Budget

Activist lawyer, Femi Falana, has urged the Acting President, Yemi Osinbajo not to sign the 2017 budget because it was illegally increased by the National Assembly.

Speaking in Kwara State, Falana noted that the National Assembly had no constitutional powers to increase the budget presented by Buhari, adding that the legislators erred constitutionally by increasing their share of the budget.

He also said that President Muhammadu Buhari was not competent to sign the 2017 budget into law because he was on vacation.

The lawyer said since Buhari transmitted a letter to the National Assembly informing them of his medical vacation, all presidential powers had automatically been transferred to Osinbajo who was now the Acting President.

Falana stressed that until the President writes another letter to the federal parliament at the end of his vacation, he cannot exercise the powers of his office.

He said, “The President is not competent to sign any bill into law while he is on vacation. The constitution did not envisage that a President who is on a vacation and an acting president, who is standing proxy for him will be exercising presidential powers simultaneously.

“To that extent, pending the resumption of duties by President Buhari, the Acting President, Prof. Osinbajo, is competent to sign all bills validly passed by the NASS.

“If President Buhari did not exercise powers during his vacation even though he was in the country, why would he want to do so while he is on medical vacation abroad?

“Instead of dissipating energy over the competence of an appropriation bill signed into law by the Acting President, Nigerians should subject the 2017 budget to scrutiny.

“We are therefore calling on the Acting President of the Federal Republic of Nigeria, Prof. Yemi Osinbajo, who is a professor of law not to endorse and sign the illegal appropriation bill of 2017 into law.”

By Seun Opejobi

Buhari Is Very Sick, He needs Medical Leave – Falana

Ace lawyer and human rights activist, Femi Falana has called on President Muhammadu Buhari to urgently seek for medical leave.

Buhari had on March returned from the UK, where he was on medical vacation for weeks.

However, observations revealed that since his return, the president has only made a few public appearances, fuelling speculation about his health.

Falana in a statement issued on Monday, urged the President to take the advice of his personal physician and take some time to attend his health.

“When President Muhammadu Buhari was recently in the United Kingdom on a medical vacation, which lasted 49 days, many public officers said that he was ‘hale and hearty.’ But upon his return to the country, President Buhari disclosed that he had never been that sick in his entire life,” the statement read.

“Even though the president did not disclose the nature of his ailment, he revealed that he went through blood transfusion. While thanking the Nigerian people for their prayers, the president announced that he might soon travel back for further medical treatment.

“A few weeks ago, the governor of Kaduna state, Mr Nasir El-Rufai urged Nigerians to give President Buhari time to recover from his sickness. The plea was made after the governor had visited and presumably assessed the state of the president at the presidential villa in Abuja.

“However, due to the apparent deterioration in the president’s health condition, he has neither been seen in public in the last one week nor attended the last two meetings of the federal executive council. His absence at the last Jumat service in the villa has fuelled further speculations and rumours on President Buhari’s medical condition”, he said.

The statement said rather than update Nigerians on the state of Buhari’s health, government officials have been saying: “there is no need for apprehension over the matter”.

“Instead of embarking on regular briefing on the actual state of the health of President Buhari, officials of the federal government have continued to assure the Nigerian people,” it said.

“In defending the absence of the president at the last FEC meeting and other state functions, the senior special assistant to the president on media and publicity, Mr Garba Shehu stated that ‘the president’s doctors have advised on his taking things slowly, as he fully recovers from the long period of treatment in the United Kingdom some weeks ago’.

“As we join the Nigerian people of goodwill to pray for a speedy recovery of President Buhari, we are compelled to advise him to heed the advice of his personal physicians by taking a rest to attend to his health without any further delay.”

Daily Post Staff