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: JURIST - The Paper Chase

Nigeria court orders cabinet to pass resolution on president's ability to govern

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] Nigeria's cabinet must pass a resolution within 14 days on whether ailing President Umaru Yar'Adua is capable of running the country, according to an order issued on Friday by Judge Dan Abutu of Federal High Court in Abuja. Yar'Adua has been absent from the country for two months receiving medical treatment in Saudi Arabia. Last week, a judge for Nigeria's Federal High Court ordered Vice President Goodluck Jonathan to assume executive powers due to the prolonged absence of President Umaru Yar'Adua. Nigeria's cabinet will hear testimony from five doctors to make its decision. If the cabinet finds Yar'Adua to be unfit, Jonathan will take over, in accordance with Nigeria's Constitution. In 2008, the Nigerian Supreme Court upheld the results of disputed 2007 election that brought Yar'Adua to power, despite opposition groups' allegations of fraud. Yar'Adua had promised to step down if the court invalidated the election. A tribunal formed before the 2007 election to deal with allegations of fraud ruled that the opposition groups lacked enough evidence of fraud to have the results overturned.

Full post as published by JURIST - The Paper Chase on January 22, 2010 (boomark / email).