Jonathan’s lawyers and advisers argued that until the President transmits a letter, he had no power to act as President. “Whenever the President transmits to the President of the Senate and the Speaker of the House of Representatives a written declaration that he is proceeding on a vacation or that he is otherwise unable to discharge the functions of his office, until he transmits to them a written declaration to the contrary such functions shall be discharged by the Vice-President as Acting President.”
Unfortunately, the President who had been battling with diverse life-threatening diseases “failed” to transmit a letter to the National Assembly under the afore-quoted section of the constitution which states that: Goodluck Jonathan, as Nigeria’s Vice President, was supposed to act as President and discharge the duties of the office as Acting President whenever his boss, President Umaru Musa Yar’Adua, was not around in reference to Section 145 of the 1999 Nigerian Constitution.
