The Declaration by the Vice President Atiku Abubakar for Action Congress (AC) has serious constitutional implication for him.

Under Section 142 sub-sections (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999, he must be of the same political party with the President for him to be elected with the President.

He has torn asunder that platform thereby violating Section 142 of the Constitution of the Federal Republic of Nigeria, 1999 by moving from the Peoples Democratic Party (PDP) to Action Congress (AC).

This can be a reason for him to vacate his office as Vice President within the provision of Section 146 subsection (3)(c) of the Constitution of the Federal Republic of Nigeria, 1999 and in that respect the President will be justified to nominate another person to be appointed the Vice President with the approval of the National Assembly.

For ease of reference, I refer to Section 146(3) of the Constitution of the Federal Republic of Nigeria, 1999 and I emphasize subsection (3)(c) as follows:

"146(3) Where the office of Vice-President becomes vacant –

(a) by reason of death or resignation, impeachment, permanent incapacity or removal in accordance with section 143 or 144 of this Constitution;

(b) by his assumption of the office of President in accordance with subsection (1) of this section; or

(c) for any other reason."

It is my view that the Vice President has lost his office by his declaration for Action Congress (AC) and he should vacate that office to enable a new Vice President to be appointed.

CHIEF GANI FAWEHINMI LLD, SAN

Thursday, December 21, 2006