The Federal High Court, Abuja has adjourned for hearing a suit challenging the legality of President Muhammadu Buhari’s medical trips and his refusal to transmit power to the Vice President during his two weeks medical vacation which commenced on 31st October 2022.
A lawyer and human rights activist, Vincent Adodo, had in November 2022 filed an Originating Summons against the “President of the Federal Republic of Nigeria” and 6 other defendants seeking the interpretation of section 46 of the National Health Act 2014 which provides that no public officer shall be sponsored with public funds for medical investigation, treatment or check up abroad except in exceptional circumstances verified by the medical board and approved by the Minister of Health.
The lawyer argue that President Buhari failed to comply with section 46 of the National Health Act before embarking on his foreign medical trips as no approval by the Minister of Health was obtained by the President before embarking on his foreign medical trips.
The lawyer also argue that the refusal of President Buhari to transmit a written declaration to the President of the Senate and Speaker of the House of Representatives to enable the Vice President assume the functions of Acting President during his vacation is unconstitutional and illegal.
At the proceedings on Thursday, 18th May 2023, the President of the Senate who is the 3rd Defendant in the suit, through his lawyer, W.Y Mamman, moved a motion to file and serve his counter affidavit and written address in opposition to the Originating Summons out of time.
Upon the grant of the Application, the Presiding Judge, Justice James Omotosho, adjourned the case to the 22nd June 2023 for hearing.
