subject: Yar’ Adua’s medical report not public document [print this page] Author: Olukunle Odebo Author: Olukunle Odebo
Justice Minister and the Attorney General of the Federation, Chief Michael Kaase Aondoakaa [SAN] said the health status or medical report of all Nigerians including President Umaru YarAdua is privileged and can only be published in the official gazette of the Federal Government.
Besides, the Chief Law officer of the Federation said the procedure for the determination of whether the President is capable of discharging the duties and functions of his office is expressly provided for in the Constitution.
The position of the Justice Minister is contained in his affidavit to the interrogatories posed to him by Lagos Lawyer, Mr. Femi Falana who is in court to compel Yar Adua to hand over power to his Vice, Goodluck Jonathan while he is away in Saudi Arabia on health grounds.
Beside Falana, a former Minority Leader in the House of Representatives, Farouk Adamu Aliyu and Chairman of the Jigawa chapter of the Nigerian Bar Association [NBA], Mr. Sani Gabbas have also filed a similar suit.
Meanwhile, the court presided by Justice Dan Abutu has ordered that the three cases which are similar in nature be consolidated and adjourned till January 14, 2010 for mention of the motion on interrogatories.
In the interrogatories, Falana asked the AGF to produce in court, a medical report showing that Yar Adua was not incapacitated and that he is fit and able to discharge the duties of his office.
The questions contained in the interrogatories are:
[1] Was the resolution of the Executive Council of the Federation adopted at its meeting of December 2, 2009 to the effect that Yar Adua is capable of discharging the functions of his office based on any medical report?
[2] If you answer yes to question 1, have you annexed the medical report to your answer?
[3] Since you insist that the President is not incapacitated as to be unable to discharge the functions of his office, do you have a medical report on the current health condition of the President?
[4] If you answer yes to question 3, have you annexed the medical report issued by his doctors to your answer?
[5] Has the President signed the 2009 Supplementary Appropriation Bill?
[6] If you answer yes to question 5, have you annexed the signed copy of the bill to your answer?
[7] Can you say categorically when the President will resume duties in his office?
But in his answer to the questions, Aondoakaa raised objections to answering questions 1 to 4 on the grounds that the procedure for the determination of whether the President is capable of discharging the duties and functions of his office is expressly provided for in the Constitution.
Besides, he submitted that the constitution equally provided for the establishment of a medical panel for the purpose of verifying and declaration by the Federal Executive Council that the President or Vice President is incapable of discharging the functions of his office.
It was also his contention that such a panel comes up with a concurrent finding or certifies that in its opinion, the President is suffering from infirmity of body or mind as to render him permanently incapable of discharging the functions of his office, a notice to that effect may be subsequently signed and published in the Federal Government Official Gazette, the medical report or health status of the president cannot otherwise be published officially.
He said question 7 of the interrogatories is irrelevant and should be set aside.
The Justice Minister in his 8-paragraph affidavit argued that since there is a specific provision under the Constitution for the procedure that will take notice of a medical report in respect of the President of the Federal Republic of Nigeria, no other general procedure may be adopted by the court.
Consequently, he said the medical report of the President cannot be exhibited or question in the interrogatories and or published in any manner other than in accordance with the constitution.
He however said the only condition upon which the medical report of the President can be officially published is where the medical panel set up in accordance with the provision of the constitution to verify the declaration of the Federal Executive Council as to the health status of the President is of the opinion that the President is permanently incapable of discharging the duties of his office by reasons of infirmity of body or mind.
That where the panel so set up in line with the provisions of the constitution finds that the President is permanently incapable of performing the functions of his office, a notice to that effect signed by the relevant authorities shall be published in the official gazette.
That the health status or medical report of all Nigerians including the President is privileged. That there is no constitutional or statutory requirement for the publication of the Presidents medical report/health status where the Federal Executive Council has declared him capable of discharging the functions of his officAbout the Author:
