A Lagos-based human rights lawyer, Inibehe Effiong, has instituted a legal action against President Muhammadu Buhari over the president’s recent private visit to London.
In the suit filed at the Federal High Court in Lagos on Thursday, May 9, the lawyer is seeking to ascertain whether the president can validly proceed on a vacation without handing over power to Vice-President Yemi Osinbajo through a written declaration to the president of the Senate and speaker of the house of representatives, Premium Times report.
Effiong is also seeking among others, a court order restraining Buhari from going on vacations whether within or outside the country without transmitting a letter to the national assembly.
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“A declaration that the failure of the 1st defendant (Buhari) to comply with Section 145 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) by not transmitting a written declaration to the President of the Senate of the Federal Republic of Nigeria, and the Speaker of the House of Representatives of the Federal Republic of Nigeria to that effect before proceeding on vacation to the United Kingdom from the 25th day of April, 2019 to the 5th day of May, 2019 is a gross violation of the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” the suit read in part.
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The lawyer asked the court to rule that except when he is outside the country on official diplomatic engagements the president cannot exercise presidential authority over the affairs of the Federal Republic of Nigeria from the United Kingdom, or any other country outside the territorial jurisdiction of the Federal Republic of Nigeria since the constitution does not have extra-territorial application.
Legit.ng learned that the Federal High Court has not yet fixed any date for the hearing of the suit.
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