Is there a lacuna in the present constitution concerning the transfer of power when the President is sick?
The whole brouhaha arising from the ill-health of the President are things the makers of the constitution should have envisaged. But the present uncertainty and level of public awareness and interest in Yar’Adua’s health is as a result of flaws in our present constitution, which is wickedly lopsided, inherently ambiguous and conflicting in every area one can think of. Above all, it is full of lacuna, and that is what some people are exploiting today over the President’s illness. The constitution did not define in the entire Sections 140 to 146, which deals with the offices of the President and Vice President, how they can be removed and what happens if one is incapable to remain in office. They did not state how long a sick President could be away from the country, and it is like some people are taking undue advantage of the this lacuna in Sections 144 and 145. Section 144 provides that if for the reason of incapability by the President or Vice president, the Federal Executive Council