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Nigerian court rules VP can perform Yar'Adua's duties

By Felix Onuah

ABUJA (Reuters) - A Nigerian federal court ruled on Wednesday that Vice President Goodluck Jonathan can perform the executive duties of ailing President Umaru Yar'Adua, who is in hospital overseas, without a formal transfer of power.

"The court verdict has now empowered the vice president to start assuming the powers of an acting president," Attorney General Michael Aondoakaa told reporters after the ruling.

It was not clear whether the vice president would act on the ruling and begin performing executive presidential duties. His office was not immediately available for comment. Jonathan has been representing Yar'Adua at cabinet meetings and official functions but executive powers have not been transferred to him, leading to questions over the legality of decisions made by the government in Yar'Adua's absence.

The president made his first public comment on Tuesday since being hospitalised more than seven weeks ago in Saudi Arabia for a heart condition, saying he was recovering and hoped to go home soon.

Doubts over Yar'Adua's health and the fact he kept full powers despite his silence caused unease in the country of 140 million, slowed official business and put at risk a truce in the oil-producing Niger Delta.

Hundreds marched on Tuesday in the capital Abuja to protest about the political vacuum and demand that the vice president be sworn in as acting president.

Transferring power from Yar'Adua, a Muslim northerner, to Jonathan, from the predominantly Christian south, would be highly sensitive in a country where rival groups have maintained a careful balance since the return of civilian rule in 1999.

(Additional reporting by Camillus Eboh; Writing by Randy Fabi; Editing by Robin Pomeroy)

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