Posted by By GODWIN TSA, Abuja on
As the feud between President Olusegun Obasanjo and Vice President Atiku Abubakar, snowballed into legal tussle, the Federal Government on Tuesday said it had no intention of replacing the number two man with another person, as it again denied ever declaring his seat vacant .
As the feud between President Olusegun Obasanjo and Vice President Atiku Abubakar, snowballed into legal tussle, the Federal Government on Tuesday said it had no intention of replacing the number two man with another person, as it again denied ever declaring his seat vacant .
In what appears to be a u-turn, the Federal Government rather accused Atiku of abandoning his office for over two months as well as his official residence in Aso Villa and many of his official cars in the process.
Government's position was contained in its counter affidavit filed by the Attorney General of the Federation, Chief Bayo Ojo (SAN) against the suit filed by Atiku challenging the declaration of his seat vacant.
In the said document, the Federal Government further denied it has not withdrawn the security aides of the Vice President or disturbed him from enjoying the facilities and privileges attached to his office. Government further stated that it was aware of the immunity status of the Vice President and therefore has no intention of arresting him upon his return from vacation.
The Federal Government told the Court of Appeal that Atiku's official vehicles are safe and intact for his use anytime he decides to move back to his official residence.
The affidavit which was deposed to by one Bodunde Adeyanju, from the State House averred that Atiku's wife, relations, people and aides are also presently occupying his official residence in Ikoyi Crescent, Lagos, and none of them has ever been harassed, molested or asked to vacate by any agent of the Federal Government.
It explained that it was the State House Motor Transport Department, whose duty it was to watch over and maintain vehicles in the State House that took the VP's official vehicles into protective custody to prevent them from being stolen or vandalized.
Government said the statement of Mallam Uba Sani, Special Assistant to the President on Media Affairs, declaring the seat of the Vice President vacant was not authorized by the Presidency.
The document said the declaration by Atiku for another political party and making scandalous, damaging and destructive statements about the President, the Peoples Democratic Party (PDP) and the government, is inconsistent with his position as an associate and Vice President of Nigeria.
Government said by Atiku's conduct which is consistent with his obligation to the President, the PDP and the Government, he has constructively withdrawn or resigned from the PDP.
Chief Afe Babalola (SAN), counsel to Federal Government argued that the provision of section 146 (3) (c) of the 1999 constitution envisages other grounds in which the position of the Vice President may be declared vacant other than section 143 and 144 of the constitution.
He contended that by virtue of section 144,(3) (a) of the 1999 constitution, the office of the Vice President can also be declared vacant by reason of resignation.
According to Government counsel, "it is universally accepted that resignation could be formal and that resignation could also take the form of constructive withdrawal, abandonment, and relinquishment of one relationship with another which Atiku has done.
Hearing into the suit filed by Atiku comes up Wednesday at the Court of Appeal, Abuja Division.