The Senator representing Katsina South Senatorial District at the Senate, Senator Garba Yakubu Lado has faulted the procedure of the Senate used recently to empower the Vice President, Dr. Goodluck Jonathan to act on behalf of President Yar'Adua.

Sen Lado who spoke to our man recently in his office at the National Assembly said that it was unconstitutional for the senate to use oral speech instead of a written document from Mr. President to empower Goodluck to act on behalf of the President. He admitted that S.145 of 1999 constitution of Nigeria Federation gives the President discretional power to transmit letters to the senate leader and the speaker of the House to empower his vice to act on his behalf if he is going for medical treatment.

He wondered how the Senate should use an interview the president granted the press recently to contain the tension and agitations that he was still alive to empower his vice to act on his behalf. Hear him: “He granted the interview to wish Nigeria well and to tell them that he was still alive. I wonder how that can serve as a letter to be relied on,” he agitated.

The distinguished senator who is the senate committee chairman on land transport further stated that since the absence of Mr. President, his vice has already been performing the functions of Mr. President in line with the verdict of the court of competent jurisdiction.

Responding to a question on the way forward, Sen Lado said that they would wait for the re-actions from Nigerians adding that some patriotic Nigerians might decide to go to court to challenge the unconstitutional actions taken by the senate. “If a group of patriotic Nigerians goes to court to challenge the illegal act, we wait for the out come of the court action.”

Asked if he were comfortable with a move for amendment of the said S.145, he responded that if the proposed amendment were welcome, then they would support it. In further response to a question that S. 4 empowers the legislators to amend and make laws for good governance of the country, he quickly referred us to S. 13 which says that all laws that are inconsistent with the Federal Constitution stands null, void and of no effects to the extent of their inconsistencies.

When asked how many of them that was against the resolution of the senate, Sen Lado responded thus: “I do not know about others. I am talking of my own humble opinion which I have as a senator.” In a further response to a question if he were agitating against the resolution having come from Katsina as Mr. President, he responded that he was not sentimental, but was doing the right thing and then asked: “Is there any section of the constitution that empowers the senate to interpret the constitution?”

Hon Emmanuel Adedeji from Lagos State who spoke to us on the issue said that everyone is entitled to his/her own opinion. Hon Adedeji however said that due to the lacuna in the constitution, the supreme law could not take care of the problem in the country and political decision was taken for the country to move forward.

Hon Ahmed Dayabu Safana representing Batsari/Danmusa/Safana Federal Constituency of Katsina State told our man that the fact that the vice president was empowered did not mean that Yar'Adua was no more the president of the federation. Hon Safana further said that in his view both chambers were only re-affirming the decision of the court adding that the constitution did not give the legislature power that supercedes it.

In response to a question on the actions of the senate, the honourable member faulted the actions and opined that what should be done was to address the lacuna as moved by the reps instead of hammering on issues the court of competent jurisdiction has taken care of. He said that the Nigeria Barrister Association (NBA) has gone to court for interpretation of the constitution and it has been delivered on the matters.

Asked if he was of the opinion that the country should continue without a president, Hon. Safana had this to respond: “Before the sickness of the president he had a vice that was elected with him. The essence of having a vice is for him to do what is assigned to him as well as act on behalf of the president if the president is absent. S. 145 talks about discretionary powers of the president to transmit a letter to the leaders of the National Assembly. Since it is not compulsory, it should not be enforced. That resolution of the senate is not a law. It can't supercede the constitution,” he argued.