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Nigeria court backs ill president Nigeria court backs ill president
(40 minutes later)
A Nigerian court has dismissed a call for an interim leader to be appointed while President Umaru Yar'Adua is in hospital in Saudi Arabia.A Nigerian court has dismissed a call for an interim leader to be appointed while President Umaru Yar'Adua is in hospital in Saudi Arabia.
The high court said there was no constitutional requirement for him to formally write to parliament, informing them he is on "medical vacation". The high court said there was no constitutional requirement for him to write formally to parliament, informing them he is on "medical vacation".
This would automatically lead to his deputy becoming acting president.This would automatically lead to his deputy becoming acting president.
President Yar'Adua has been away for two months, raising fears of a power vacuum and calls for him to step down.President Yar'Adua has been away for two months, raising fears of a power vacuum and calls for him to step down.
"The failure to transmit a written declaration to the national assembly before proceeding on vacation is not unconstitutional," said federal high court judge Dan Abutu, dismissing the case brought by the Nigerian Bar Association."The failure to transmit a written declaration to the national assembly before proceeding on vacation is not unconstitutional," said federal high court judge Dan Abutu, dismissing the case brought by the Nigerian Bar Association.
The judge also said that Vice-President Goodluck Jonathan could continue to act on the president's behalf, without needing to be formally appointed as interim leader - upholding a similar ruling in a previous case.The judge also said that Vice-President Goodluck Jonathan could continue to act on the president's behalf, without needing to be formally appointed as interim leader - upholding a similar ruling in a previous case.
'Not incapable''Not incapable'
On Wednesday, the Senate passed a resolution calling on the president to provide a formal letter informing parliament of his absence.On Wednesday, the Senate passed a resolution calling on the president to provide a formal letter informing parliament of his absence.
At the same, the cabinet issued a statement that President Yar'Adua was "not incapable" of running the country.At the same, the cabinet issued a statement that President Yar'Adua was "not incapable" of running the country.
YAR'ADUA ILLNESS TIMELINE 23 November 2009: Goes to hospital in Saudi Arabia26 November 2009: Presidential doctors say he has pericarditis - inflammation of the heart lining23 December 2009: First court case filed called him to step down30 December 2009: Chief justice sworn in. Lawyers say this is illegal in president's absence5 January 2010: Two more court cases filed and a human rights group wants president declared "missing"12 January 2010: President gives first interview since going to Saudi Arabia Yar'Adua's absence still rankles Profile: President Umaru Yar'AduaYAR'ADUA ILLNESS TIMELINE 23 November 2009: Goes to hospital in Saudi Arabia26 November 2009: Presidential doctors say he has pericarditis - inflammation of the heart lining23 December 2009: First court case filed called him to step down30 December 2009: Chief justice sworn in. Lawyers say this is illegal in president's absence5 January 2010: Two more court cases filed and a human rights group wants president declared "missing"12 January 2010: President gives first interview since going to Saudi Arabia Yar'Adua's absence still rankles Profile: President Umaru Yar'Adua
This followed a previous court ruling giving ministers two weeks to make such a declaration.This followed a previous court ruling giving ministers two weeks to make such a declaration.
The president flew to Saudi Arabia in late November for medical treatment and has not been seen in public since.The president flew to Saudi Arabia in late November for medical treatment and has not been seen in public since.
In his only broadcast interview since he left the country, he told the BBC's Hausa Service on 12 January that he would return to resume his duties as soon as his doctors would allow.In his only broadcast interview since he left the country, he told the BBC's Hausa Service on 12 January that he would return to resume his duties as soon as his doctors would allow.
As well as the flurry of court cases brought by his opponents, crowds of demonstrators have sporadically taken to the streets in Abuja and Lagos demanding power be handed to Vice-President Jonathan.As well as the flurry of court cases brought by his opponents, crowds of demonstrators have sporadically taken to the streets in Abuja and Lagos demanding power be handed to Vice-President Jonathan.
Correspondents say one reason for Mr Yar'Adua's reluctance to allow Mr Jonathan to act on his behalf is the ruling People's Democratic Party's tradition of alternating power between north and south.Correspondents say one reason for Mr Yar'Adua's reluctance to allow Mr Jonathan to act on his behalf is the ruling People's Democratic Party's tradition of alternating power between north and south.
Mr Yar'Adua is a northerner, while the vice-president is from the south. So if Mr Jonathan took over, that would shorten the north's stay in power.Mr Yar'Adua is a northerner, while the vice-president is from the south. So if Mr Jonathan took over, that would shorten the north's stay in power.
The president is suffering from an inflammation of the lining around the heart and has long suffered from kidney problems.The president is suffering from an inflammation of the lining around the heart and has long suffered from kidney problems.