What Constitution Says About President Buhari’s Return – Falana

Activist and Human right lawyer, Femi Falana has disclosed that the Nigerian constitution has no time limit for when President Muhammadu Buhari is expected to return and resume his duties.

Falana made the disclosure while reacting to protest by some cross section of Nigerians in Abuja, who were demanding the immediate return or resignation of the President.

Recall that, after initially spending over 50 days on medical vacation in London, the President had in May returned to London for a follow-up medical check-up and is yet to return.

Against this backdrop, some youths led by ace musician, Charlyboy asked the President to return and resume his duty or resign.

Speaking yesterday, the constitutional lawyer maintained that the constitution is silent on how long the president can be away on medical vacation.

He said, “As at the time the constitution was amended in 2010 it took cognizance of the president leaving the country without handing over hence the constitution was amended compelling the president to transmit a letter to the National Assembly. And once he does that, the Vice President shall automatically become the Acting President.

“If he does not transmit a letter after 21 days, the vice president shall automatically become the president, ditto for the states. But as to the duration the president can be absent, the constitution is silent.

“So it is therefore hoped that the ongoing review of the constitution will address that because you may have a situation where an elected president will be away for three and half years out of his four years tenure or even the entire four years tenure. It is a possibility.”