Opinion
By Professor Nnamdi Onyeka Obiaraeri
IT is legal ignorance that is fuelling such pedestrian talks that the medical or health condition of a public office seeker or public office holder should not be discussed.
If people are free to talk about the certificate of a public office seeker, they should also not be inhibited from talking about suitability of a public office seeker on grounds of health or medical condition.
People are playing to the gallery and sounding emotional by refusing to accept that the medical or health condition of a public office seeker is a necessary constitutional precondition for assuming public office and or remaining in office.
No doubt, ignorance of the law is not an excuse.
Legally speaking, any public office seeker in Nigeria is expected to be of sound health and mind before being elected into office and should remain so while in office.
This is a trite constitutional requirement.
With specific reference to Mr President who under section 130(2) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, is the Head of State, the Chief Executive of the Federation and Commander-in-Chief of the Armed Forces of the Federation, it is provided in section 137(2) that a person shall not be qualified for election to the office of President if- (a) adjudged to be a lunatic or
(b) declared to be of unsound mind.
Issues of lunacy and soundness of mind are clear medical or health issues although they require proof before a court of law hence the terminologies [“adjudged” or “declared”] used in those provisions.
Even when a person has been elected as President, his health condition must not fail as he may also be removed from office on account of failing health.
Section 144 of the Constitution of the Federal Republic of Nigeria, 1999 as amended clearly provides that the President or Vice-President shall *cease to hold office,* if “(a) by a resolution passed by two-thirds majority of members of the Executive Council of the Federation it is declared that the President or Vice-President is incapable of discharging the functions of his office, and
(b) the declaration is verified, after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in its report to the President of the Senate and the Speaker of the House of Representatives.”
Shorn of other legal niceties, it is clear from the foregoing that it is not a taboo to bring up the medical or health conditions of any public office seeker or holder.
Infirmity of the body or mind and other medical and health related issues are some of the disqualifying conditions listed under section 137 of the Constitution of the Federal Republic of Nigeria, 1999 as amended for a person seeking to be elected as a President of Nigeria.
This is the law and nothing more pretentious.
A new normal is possible!
***Professor Nnamdi Onyeka Obiaraeri, PhD, was the former Dean, Faculty of Law, Imo State University.
KN
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