Buhari: Court asked to order Saraki to set up medical panel

A Nigerian based in the United States of America , Mr . Toyin Dawodu , has asked the Federal High Court in Abuja to compel the Senate President , Dr. Bukola Saraki , to appoint a medical panel to determine the health status of ailing President Muhammadu Buhari.
Buhari had left the country for the United Kingdom since May 7, 2017 for a medical vacation .
But the details of the President ’ s ailment and condition have been kept away from Nigerians .
In his suit marked FHC/ABJ /CS /508/2017 and filed on June 28 , Dawodu urged the court to declare Saraki as empowered by the Nigerian Constitution to set up a medical panel to determine Buhari’s health status “ without first being a resolution of the Executive Council of the Federation .”
Section 144( 1) of the Nigerian Constitution provides that such a medical panel should be appointed by the Senate President following a resolution passed by two- thirds majority of the members of the Executive Council of the Federation .
But the plaintiff, through his counsel, Frank Tietie , contended in the suit that “ in the absence of a resolution by the Executive Council of the Federation ” as required under section 144(1 ) of the Constitution , the Senate President could constitute such medical panel “to determine the health status of the President . ”
The respondents to the suit are Saraki , the Executive Council of the Federal Republic of Nigeria , and the Attorney General of the Federation , Mr . Abubakar Malami ( SAN ) .
While he prayed the court to direct the Executive Council of the Federation to convene a meeting to vote on a resolution on the medical fitness or incapability of President Buhari to discharge the functions of his office, he also prayed for an order directing the Senate President to set up a medical panel to investigate the President ’ s health .
His prayers read in part, “A declaration that the 1st Respondent, Dr . Bukola Saraki , the Senate President of the Federal Republic of Nigeria, is empowered by Section 144 (4 ) of the Constitution of the Federal Republic of Nigeria , 1999 ( As Altered) to appoint a Medical Panel to determine the health status of the President of the Federal Republic of Nigeria , without first being, a resolution of the Executive Council of the Federation ( EXCOF ) on the medical fitness or incapability of President Muhammadu Buhari to discharge the functions of the office of the President of the Federal Republic of Nigeria . ”
A supporting affidavit deposed to by a lawyer , Otika Stephen , in the law firm of the plaintiff ’s lead counsel, described Dawodu as a US - based Nigerian .
The affidavit, however , stated that “the plaintiff is a registered voter in Nigeria. A copy of the applicant’s voter card is herein annexed and marked as Exhibit A ” .
It stated that Dawodu was not against Buhari but decided to institute the suit in the public interest .
It also stated that Buhari’s health status was of national concern and that when his illness could no longer allow him to discharge the functions of his office, “ it would be in the national interest to advise him to resign . ”
The affidavit , however , added that the Federal Executive Council “ is unlikely and unwilling to exercise its constitutional responsibility of determining by resolution ” the status of the President ’s health .
It stated that with President ’s handing over to the Vice - President , Yemi Osinbajo , as acting President , he ( Osinbajo) “is fettered even in his capacity to fully discharge the functions and responsibilities of the office of the President . ”
It said it was therefore important to determine the health status of Buhari and the nature of his illness “in order to advise him to either resign or be impeached. ”