As the controversy over the decision of President Muhammadu Buhari to appoint himself minister of petroleum rages, a constitutional lawyer and author, Sabastine Hon (SAN) has said the president has the constitutional power to do so.
Hon said the president's self appointment as minister of petroleum was moral, lawful, constitutional and valid.
According to him, Section 5(a) of the 1999 constitution as amended has provided for the executive functions of the Federation to be performed by the President "directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation."
He argued that, the "or" separating "directly" and "through" in the paragraph means the president is at liberty, subject to other provisions of the constitution, to assign any ministry to himself or to assign it to the vice-president, a minister or any of the other persons named in the paragraph.
This position, he stated “is reinforced by the provisions of sections 130(2) and 148(1) of the constitution.
He states that while section 130(2) has made the President the Chief Executive of the Federation, section 148(1) provides that the president may, in his discretion, assign to the vice-president or any minister of the government any executive functions.http://www.thisdaylive.com/articles/san-buhari-can-appoint-himself-a-minister-except-justice-minister/222151/

lalasticlala,seun

All of us know that one na.... Na everything be news

I don't care if he appoints himself as gateman, as long as he brings 'change'

He'll be better off a defence minister than that petroleum he's going after.

He shld appoint himself as minister of those guys......

This one no be news na. Everybody know this

Of course its not illegal...all dose sentors are just making noise...I don't care as long something good comes out of it

Yes na! He can choose to do the work himself rather than delegating. So whatz the biggy?

Minister everywhere!!!!! I think I was waiting for people that will make me to say this every morning 'NIGERIA IS ALREADY BLESSED' but now I say 'NIGERIA WILL BE GREAT ONE DAY'

Good advise from his boy OBJ
See Change

Make me minister of nairaland and I will personally destroy every tribalist, every bigot and every one who does discord.

You knw, I am the beat for this position because of my neutrality.


Thank you.

Seun, be thinking abt it. You have till next Tuesday.

U don't need to be a lawyer to know that the President can man any ministry he so wishes.

TonyeBarcanista:
This one no be news na. Everybody know this

Tonye, this issue is debatable, and as it is, only the supreme court can make pronouncement on it. Pls don't take side or kow-toe to what interest groups are suggesting or pls educate me.

This is the position of the law:
147. (2) Any appointment to the office of Minister of the Government of the Federation shall, if the nomination of any person to such office is confirmed by the Senate, be made by the President.

The question is not if the president can appoint himself as a minister, the Germaine issue here is will the president avail himself for screening before the Senate and confirmation which is a constitutional obligation for all ministers.
Will Mr president take another Oath of Allegiance and the oath of office as a minister which is also mandatory by the constitution?

149. A Minister of the Government of the Federation shall not enter upon the duties of his office, unless he has declared his assets and liabilities as prescribed in this Constitution and has subsequently taken and subscribed the Oath of Allegiance and the oath of office for the due execution of the duties of his office prescribed in the Seventh Schedule to this Constitution.

The president can delegate responsibilities:
148. (1) The President may, in his discretion, assign to the Vice-President or any Minister of the Government of the Federation responsibility for any business of the Government of the Federation, including the administration of any department of government.

Supreme court's interpretation is highly needed in this issue because the drafters of the constitution never in anyway envisaged that a president will someday appoint himself as a minister while still serving as a President.

Yes! Meanwhile, it's only the position of Attorney General and Minister of Justice that is recognized by the constitution.