A statement from the Office of the Secretary to the Government of the Federation (OSGF) last weekend announced that President Yar’Adua will take a leave of office with effect from January 26th and while away all state matters will be handled by Vice President Jonathan.

Senate President David Mark told the chamber on Tuesday that there was no official correspondence from Yar’Adua that he intends to take leave of office while George Thompson Sekibo of the PDP party raised two motions based on section 145 of the constitution and order 40 (1) of the Senate Standing Rules according to the Nigeria Daily Independent newspaper.

Section 145 motions says: "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 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."

Further section 40 (1) reads: "the President of the Senate shall immediately after prayers or as soon as any new Senator-elect has taken the oath, affirmation of allegiance read to the Senate, any message to the Senate by the President of the Federal Republic of Nigeria."

Sekibo while enquiring whether President Yar’Adua made any correspondence available to the Senate said "I don't know whether (Yar'Adua) has transmitted to the President of the Senate that he's going on leave. I have checked the Encyclopedia Dictionary and it tells me that transmit means 'to send something through someone to another.”

Sekibo added: "I want to know whether (Yar'Adua) has transmitted to you and the Senate hasn't been informed. If we are talking about the rule of law, we must abide by the provisions of the Constitution. Yar'Adua has the right to go on leave. He has done well for the country but has he transmitted to you that he is on leave? We should be properly informed whether he has told you so. The Senate must protect Nigeria and the symbol of authority is the President of the Senate.”

Sekibo warned: "I want this Senate to remember what happened last year, between August and September, when the media speculated all manner of things about the whereabouts of the President of the country only for him to suddenly re-appear. So, please tell us whether he has transmitted his leave to you in line with Section 145."

Mark in his response said "I really don't see what the point of order is here."

President Yar’Adua is believed to be suffering from a kidney condition according to media reports. The President went on a lesser Hajj to the holy land of Saudi Arabia but a statement from the Saudi authorities said the President was in Saudi for medical reasons. It ignited debates back in Nigeria while some question whether the President is physical fit for the most important job.