An Abuja based lawyer and notary public, Vincent Adodo, has approached the Federal High Court, Abuja seeking judicial interpretation of section 145 (1) and (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and section 46 of the National Health Act 2014.

In the Originating Summons marked as SUIT NO: FHC/ABJ/CS/2138/2022 between VINCENT ADODO V. PRESIDENT, FEDERAL REPUBLIC OF NIGERIA & ORS, the plaintiff is seeking among others declaratory orders of the court that it is unlawful, unconstitutional and contrary to national interest for President Buhari to proceed on medical vacation and/or tourism without transmitting a written declaration to the President of the Senate and Speaker of the House of Representatives as mandatorily required by section 145 (1) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended).

In seeking the interpretation of section 46 of the National Health Act 2014, the plaintiff is praying for a declaration that as a public officer in the Government of the Federation whose medical needs are sponsored by tax payers funds, President Buhari cannot seek medical investigation, check-up or treatment abroad unless in exceptional cases verified by a referral or recommendation made by the medical board under section 46 of the National Health Act 2014.

Furthermore, the lawyer is seeking a declaratory order that the Senate President and Speaker of House of Representatives must invoke the provisions of section 145 (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to mandate the Vice President to perform the functions of the President immediately he travels out of the country on vacation or becomes otherwise unable to perform the functions of his office.

The lawyer is also praying for an order of mandatory injunction to compel the Senate President, Speaker, House of Representatives and the National Assembly to invoke the provisions of section 145 (2) of the Constitution to mandate the Vice President to perform the functions of the President immediately he travels on vacation or otherwise becomes unable to discharge the functions of his office.

Also included in the prayers of the plaintiff is an order of perpetual injunction restraining the President from seeking medical investigation, check-up or treatment abroad without complying with section 46 of the National Health Act 2014.

The President of the Federal Republic of Nigeria; the Vice President, President of the Senate; Speaker, House of Representatives; Honourable Minister of Health and the Attorney General of the Federation are defendants.

The suit which has been assigned to Hon. Justice J.K. Omotosho of the Federal High Court, Abuja is slated for hearing on the 3rd February 2022.

Below are the full reliefs sought by the Lawyer:

  • A DECLARATION of this Honourable Court that it is unlawful, unconstitutional and contrary to national interest for the 1st Defendant to proceed on medical vacation and/or tourism without transmitting a written declaration to the 3rd and 4th Defendants as mandatorily required by section 145 (1) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended).
  • A DECLARATION that as a public officer in the Government of the Federation whose medical needs is sponsored by tax payers funds, the 1stDefendant cannot seek medical investigation, check –up and treatment abroad unless in exceptional cases verified by a referral or recommendation made by the medical board under section 46 of the National Health Act 2014.
  • A DECLARATION that it is illegal and/or unlawful for the 1st Defendant, being a public officer of the Government of the Federation to seek medical check – up, investigation or treatment abroad except there is a recommendation or referral by the medical board and such referral or recommendation approved by the 6th Defendant as mandated by section 46 of the National Heath Act 2014.
  • A DECLARATION that the 3rd and 4th Defendants must invoke the provisions of section 145 (2) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) i.e. to mandate the 2nd Defendant to perform the functions of the 1st Defendant immediately the 1st Defendant travels out of the country on vacation or becomes unavailable to perform the functions of his office.
  • A DECLARATION that the 3rd, 4th and 5th Defendants are not under a constitutional obligation to wait for a period of 21 days after the 1st Defendant proceeds on vacation before invoking section 145 (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to invoke section 145 (2) of the same Constitution to mandate the 2nd Defendant to perform the functions of the office of the 1st
  • A MANDATORY INJUNCTION of this Honourable Court compelling the 3rd, 4th and 5th Defendants to invoke the provisions of section 145 (2) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) immediately at any such time when the 1st Defendant fails to transmit a written declaration as mandatorily required by section 145 (1) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended).
  • AN ORDER OF PEPERTUAL INJUCTION restraining the 1st Defendant from seeking medical investigation, check – up and/or treatment abroad except for any exceptional case which must be based on or verified by a referral or recommendation of the medical board under section 46 of the National Heath Act 2014.
  • AN ORDER OF PERPETUAL INJUCTION restraining the 1st Defendant from proceeding on vacation abroad without transmitting a written declaration as mandatorily required by section 145 (1) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended).