The campaign for ailing President Umaru Yar'Adua's resignation seems to be coming to an end after a Federal High Court, sitting in Abuja, the Nigerian Federal capital city, on Friday gave the cabinet 14 days to decide on his fate after two months of his absence in the country.
The decision came amid a court case filed against and protest by the Nigerians led by prominent figures like Femi Falana, president of the West African Bar Association and Professor Wole Soyinka calling for President Ya’Adua’s resignation whom they said is unfit to for the position.
According to the Guardian of Nigeria fresh controversy has been thrown up in legal circles over the two months absence of ailing President Umaru Musa Yar'Adua, as the Chief Judge of the Federal High Court, Justice Daniel Abutu on Friday declared as unconstitutional the Federal Executive Council's (FEC) resolution in favour of the President's capacity to continue in office despite his failing health and consequent absence from the country.
The Chief Judge held that the FEC was unknown to the country's 1999 constitution and as such lacked the competence to reach a resolution on the vexed issue of the President's capacity to perform his presidential duties.
Delivering his judgement in the suit instituted by former Minority leader in the House of representatives, Farouk Adamu Aliyu and Sani Hussaini Garun Gabbas, challenging Yar'Adua's absence without handing over to Vice President Goodluck Jonathan, Justice Abutu said under the provisions of Section 144, the only body that can competently decide on the capacity or otherwise of the President to perform his function is the Executive Council of the federation.
He also held that court cannot take over the exclusive duty of the Executive Council of the federation as spelt out by Section 144 of the 1999 Constitution and therefore declined the plaintiffs' prayer to that effect. Justice Abutu held that the excerpts of the resolution of the Federal Executive Council meeting annexed to an affidavit by the Attorney General of the Federation and Minister of Justice, Chief Michael Aondoakaa did not help his case because, "the Federal Executive Council is not known to the 1999 constitution of the Federal Republic of Nigeria." Consequently, he ordered the Executive Council of the Federation to within 14 days pass a resolution on whether or not, having regards to President Umaru Musa Yar'Adua's absence since November 23, 2009, he is capable of discharging his executive functions.
He also held "I can not give an order directing the Vice President to begin to perform the functions of office of the President of the Federal Republic of Nigeria, since he has been performing such functions". Reacting to the verdict, the Attorney General of the Federation and Minister of Justice, Chief Michael Kaase Aondoakaa said he would study it but pledged that he would comply with the judgement."

Former President Olusegun Obasanjo publicly spoke on Thursday on the health and absence of President Umaru Musa Yar'Adua from office, with an admonition to the ailing Nigerian leader to tread the path of honour on the matter. He also defended his support and preference for Yar'Adua as his successor.
But falling short of joining in the clamour for Yar'Adua's resignation, Obasanjo told journalists that : "If you take up an appointment, or a job, elected, appointed or whatever and then your health starts failing you, and you will not be able to satisfy yourself and the people you are supposed to serve, then, there is a part of honour and a part of morality and if you don't do that I do not need to say more than that
Obasanjo's comments came during the question and answer session of the seventh yearly Trust Dialogue organized by the Abuja-based Media Trust Limited, which he chaired.