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Muhammadu Buhari’s Unconvincing Return from Medical Leave, By ‘Fisayo Soyombo

Buhari’s stay in office or resignation is simply an integrity question — and integrity is personal, not constitutional… Buhari reserves the right to treat himself and recover fully but the country shouldn’t be held to ransom. Nigeria, meanwhile, deserves a substantive president — not just in name but also in practice.

Muhammadu Buhari, president of Nigeria, brought his 103-day UK medical vacation to a grand end on Saturday. Despite protests at home and abroad against his lengthy absence from work, his return to Nigeria was surprisingly heroic.
Once Femi Adesina, his much-maligned spokesman, confirmed the president’s anticipated return, a joie-de-vivre atmosphere enveloped capital city, Abuja. The biggest figures in governance all converged on the Nnamdi Azikiwe International Airport, while a not-so-privileged crowd, numbering tens of thousands, lined up outside.
At exactly 4:46pm, Buhari disembarked from the plane, held Vice President Yemi Osinbajo in his left hand and with his right acknowledged cheers from the crowd and then his cabinet. The drive home was slightly tortuous, the president’s security details needing to clear off the delirious mammoth crowd outside the airport. It was a truly remarkable sight to behold, reminiscent of the wild celebrations that greeted Buhari’s landmark victory at the 2015 polls.
“Buhari is a man whose presence looms large,” an excited Adesina remarked afterwards in an apparent jibe at those who mocked the president’s ill-health. A few days later, there are huge question marks over the accuracy of Adesina’s assessment.
A Sense of Déjà Vu
Two days after his return, Buhari transmitted a letter to the legislature confirming his official resumption of duties. But the president signed that letter at home — not the office. Ordinarily, that wouldn’t be worrisome, but there’s been some bad precedent.
On April 26, when Buhari absented himself from the weekly Federal Executive Council (FEC) meeting for the second time in a row, Lai Mohammed, minister of communication, leapt to his defence, saying: “He will be working from home. He has asked all his files to be taken to him in the house.”
Eleven days after, Buhari announced he was embarking on medical leave, reluctantly admitting he needed more treatment time in the UK. In all, he had missed four consecutive FEC meetings, including one that was cancelled altogether on frivolous grounds. This is why Buhari’s latest relocation of his office to his residence is not ordinary.

…Buhari can commit no constitutional breach by recuperating at home for as many months as his doctors prescribe. There’s not even a chance for this scenario to occur, given the most vital members of his cabinet have previously taken turns to lie about his recovery.
After working from home on Monday, he met service chiefs on Tuesday — again at his residence. On Wednesday, this week’s FEC meeting was cancelled and Buhari continues to work from home. The excuse by Garba Shehu, the Buhari’s second media aide, is that “following the three months period of disuse, rodents have caused a lot of damage to the furniture and the air conditioning units in the President’s office”, consequently rendering it unfit for use. It’s the wateriest defence possible: Buhari’s aides had prior knowledge of his return, and had all the time in the world to fix his office.
A Heavy Workload
Unfortunately, enormous work awaits Buhari. Nigeria’s yearlong recession could extend beyond expert postulations unless urgent measures are taken to curb high inflation and stagnation. Since the freeing of 82 Chibok girls in exchange for five Boko Haram commanders, insurgency has blossomed in the North-East; in Boko Haram’s latest attack, 27 were killed and 83 wounded in triple suicide bomb blasts in Konduga, near Maiduguri.
Buhari’s anti-corruption war is in tatters, with anti-graft and security agents hustling to outshine one another, consequently negating rather than complimenting one another. Buhari’s effort to cleanse his own cabinet of corruption has lost gumption due to the lack of a definitive head. For example, no one knows the fate of Babachir Lawal, the secretary to the government, whom he suspended and ordered to be probed by an Osinbajo-chaired panel. The panel’s report is ready but who will enforce it? All these, and many more, mean it is neither in Nigeria’s nor the president’s interest for him to combine recuperation with work.
Buhari’s Big Integrity Test
It is increasingly looking likely that Buhari returned to Nigeria out of determination — maybe desperation — to recover the power he temporarily surrendered to his deputy, and to quieten calls for his return or resignation.
Constitutionally, Buhari has done no wrong by clinging on to power even if he can only work from home. Unless a two-thirds majority of his cabinet passes a resolution declaring him incapable of discharging the functions of his office, unless this declaration is verified by a five-man medical panel appointed by the Senate president, unless the medical panel certifies the president unfit, and unless the two heads of Nigeria’s bicameral legislature gazette the panel’s finding, all in that order, Buhari can commit no constitutional breach by recuperating at home for as many months as his doctors prescribe. There’s not even a chance for this scenario to occur, given the most vital members of his cabinet have previously taken turns to lie about his recovery.
That a president could be away from work for that long, in the first place, is one of the many blemishes of the 1999 Constitution (as amended). Buhari came to power in 2015 on the back of a reputation for integrity and incorruptibility. While the latter has never been in doubt, this is the time he must prove the former. He was on medical vacation for 153 of the first 231 days of the year — that’s 66 percent of the year! — and his return has so far been unconvincing.
Buhari’s stay in office or resignation is simply an integrity question — and integrity is personal, not constitutional. Unfortunately, no one other than the president, based on medical advice, knows if his body is able to withstand the rigour of his office. Buhari reserves the right to treat himself and recover fully but the country shouldn’t be held to ransom. Nigeria, meanwhile, deserves a substantive president — not just in name but also in practice.

OPINION BY SIMON KOLAWOLE: Return, resume and resign?

If you believe in the evolution theory, you are most likely to believe that the loud calls on President Muhammadu Buhari to “return or resign” happened just like that. You would believe the campaign was a naturally occurring phenomenon generated from a single “cell” of discontent before acquiring a life of its own. But if you believe in creationism and intelligent design, you would believe the campaign was carefully put together, well funded and well executed to achieve other purposes than publicly stated. You would argue that the campaign is by no means an accident. As the Igbo would say, when you see an antelope dancing by the roadside, the drummer is somewhere in the bush.

In truth, the only option being presented to Buhari was resignation. To ask somebody who was under doctors’ care to abandon the treatment table and rush back to office is quite similar to asking him to commit suicide. Buhari had said, weeks ago, that he was feeling well and eager to return home but he would have to take instructions from his doctors. If his doctors said don’t return and the campaigners said he should return or resign, you could argue convincingly that he was given only one option — resignation. Convinced that Buhari was not healthy enough to return, the campaigners were indirectly asking him to vacate power.

Now that Buhari has returned (to the disappointment of many), I can bet that the campaign will not stop. It is a case of “return and resign” not “return or resign”. Why should Buhari resign? He is too sick to lead Nigeria, I am told, and since Nigeria is bigger than him, he should put the country’s interest first and just resign and return to Daura, his hometown, for goodness sake. His sickness, I am further told, has stalled the progress of Nigeria. Someone even said Nigerian institutions are crumbling because of Buhari’s absence, and there was this growing narrative of a cabal running rings round Acting President Yemi Osinbajo such that he was unable to get things done.

On Twitter Nigeriana, we were made to believe that the country was at a “standstill” because of Buhari’s sick leave. Not only did government grind to a complete halt, everything went haywire. No single major decision could be taken by Osinbajo in Buhari’s absence, they said. All the things that required the attention of Buhari since he left Nigeria on May 7, 2017 allegedly remained pending. Nigeria was about to fall to pieces. There was only one question I kept asking those propounding the “standstill” and “cabal” theory: what single directive has Osinbajo issued in Buhari’s absence that has not been obeyed? Nobody told me. I don’t know why people were hiding this from me.

By virtue of section 145 of the amended 1999 constitution, the acting president is empowered to exercise ALL presidential powers. Osinbajo had full authority. That is the law. It is not a favour. It is not a suggestion. And the Osinbajo that I observed was exercising these powers. He signed executive orders that were carried out by agencies of government. He signed bills into laws and the laws are legitimate, legal and constitutional — to adopt the verbosity of the “learned profession”. He swore in ministers and assigned portfolios to them. He made appointments into agencies and nobody stopped him. This is not how power vacuum works. Correct me if I’m wrong.

What’s more, he appointed permanent secretaries and swore them in. Nobody stopped him. On top of it all, he ordered service chiefs to relocate to Borno state and I didn’t hear that they disobeyed. So where is the famous power vacuum? Okay, maybe I missed the point. Someone asked me the other day if I sincerely thought Osinbajo could reshuffle the cabinet and appoint new ministers. I said yes. He said: “Simon, you are deceiving yourself. Keep lying to yourself.” He didn’t know that I was not deceiving myself: Dr. Goodluck Jonathan, as acting president in February 2010, actually reshuffled the cabinet. But asking Osinbajo to dissolve the cabinet just to prove he has the power is nonsense.

Let me now explain the way I understand power vacuum. In November 2009, President Umaru Musa Yar’Adua was flown out of the country on medical emergency. He did not transfer power to Jonathan, his VP. On previous medical trips, he did not transfer power either. In fact, his adviser on national assembly matters, Senator Mohammed Abba Aji, had told PUNCH, in an interview published on January 29, 2009, that the president “is not required by the constitution to write the Senate… The President is elected for a four-year term that includes every second of every minute of that period, whether he is asleep, on vacation, on leave or on a trip to the moon”.

As a result, Jonathan could not sign the 2010 appropriation bill into law. After a prolonged drama, some people travelled with the budget to Saudi Arabia and returned to announce that Yar’Adua had signed it. As the tenure of Chief Justice Idris Kutigi was coming to an end in December 2009, there was confusion on who would swear in his successor, Justice Aloysius Katsina-Alu. Jonathan believed it would be illegal for him to do so and did not want it challenged in a court of law. Kutigi had to swear in his successor. That is what you call power vacuum. We witnessed it first-hand as Jonathan declined to take so many critical decisions because power was not transferred to him.

Compare and contrast that experience with what obtained when Buhari was in the UK and you would have to wonder where the “standstill” idea was coming from. Buhari did a proper letter to the national assembly and said he did not know when he would return. What else do we want? Buhari has been accused of so many things — but I have never heard anyone accuse him of not delegating power to his deputy. In fact, his weakness, we were once told, is that he over-delegates to his deputy. And if Osinbajo had to consult with Buhari over some key decisions, how is that a problem? Were they at war? Are they rivals or partners-in-progress?

For the record, I was not against the “Resume or Resign” agitations. People have a right to voice their opinions. Nobody should be persecuted or molested for their views. It was wrong for the police to attack them. And the comical pro-Buhari protests were childish. Even a fresh idiot could see through the charade. But even if the “resign” movement was playing a political game, political games are legitimate in democracy. If PDP supporters are asking Buhari to resign, that is allowed in politics. It is no treason. APC came to power by demonising PDP, and PDP has every right to play a return match. APC is only getting a taste of its own medicine.

Meanwhile, if those under fire for corruption are joining the campaign to force Buhari out, that is also okay. Who wants to go to jail? If those who have lost out in the political equation want to see Buhari’s back, that is enlightened self-interest. Perfectly in order. My amusement, though, is that many people were tricked into the “resign” game without understanding that there is another game within the game. They thought it is a case of evolution. No, it is intelligent design. There is a growing coalition against Buhari for different motives. Buhari has stepped on too many powerful toes and forced too many powerful people to vomit what they illegally swallowed. It’s payback time.

The major lesson in this saga, though, is the issue of absentee presidents. How long can a president be away? The Yar’Adua impasse led to the amendment of the constitution: even if the president does not transfer power, the vice-president automatically becomes acting president after 21 days. The constitution cannot envisage everything, but experiences such as this can help in making the laws better. With the Buhari experience, I think our democracy is growing. The nation kept functioning in the president’s absence. Osinbajo did a good job. Buhari, in the national interest and for the sake of his health, should continue to give his VP a free a hand. Nigeria first, always.

Simon Kolawole is the founder and CEO, www.thecable.ng

(Source: www.thecable.ng)