This is based on the case filed by a Nigerian Lawyer, Toyin Dawodu, asking the court to compel the Senate President, Bukola Saraki, to appoint a Medical Panel, to determine the health status of the ailing President.
In his suit, marked FHC/ABJ/CS/508/2017, Dawodu urged the court to declare Saraki as empowered by the Nigerian Constitution, to set up a Medical Panel, to determine Buhari’s health status, “without first being a resolution of the Executive Council of the Federation.”
Section 144 (1) of the Nigerian Constitution, provides that such a Medical Panel should be appointed by the Senate President, following a resolution passed by two-thirds majority of the members of the Executive Council of the Federation.
However, the plaintiff through his Counsel, Frank Tietie, contended in the suit, that “in the absence of a resolution by the Executive Council of the Federation” as required under section 144 (1) of the Constitution, the Senate President could constitute such Medical Panel, “to determine the health status of the President.”
The respondents to the suit are: Senate President, Bukola Saraki; the Executive Council of the Federal Republic of Nigeria; and the Attorney General of the Federation, AGF, Abubakar Malami.