Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has faulted the withdrawal of the resignation letter by the Minister of Labour and Productivity, Chris Ngige, describing it as “illegal and unconstitutional”.

The PUNCH reports that Ngige pulled out of the 2023 presidential race to retain his ministerial seat.

The former governor of Anambra State and member of the All Progressives Congress made his withdrawal known in a statement on Friday.

“Having also consulted widely with my family, constituents, supporters, and well-wishers, it is my pleasure to announce the withdrawal of my interest and earlier decision to contest the office of the President in the 2023 general elections.

“As a result of this, will NOT be participating in any of the internal party processes of the said election, starting with the primary. I took this momentous decision firstly in the overall interest of the nation, in order to enable me to concentrate on my job, and assist the President and the Government, during the difficult last lap in the life of the administration, and secondly for other family reasons.

“I have since communicated this decision to the President and the Secretary to the Government of the Federation,” he stated in a statement.

But reacting to the development in a statement on Friday, Falana said such withdrawal from Ngige and reported withdrawal of the Attorney-General and Minister of Justice, Abubakar Malami, SAN, was illegal.


According to him, the withdrawal constitutes a gross contravention of section 306 (2) of the Constitution.

In a statement titled, ‘Withdrawal of resignation letters by former Ministers is illegal’, he said, “Having resigned from the President, Major General Muhammadu Buhari (retd.)’s administration, Mr. Abubakar Malami, SAN, and Dr. Chris Ngige were reported to have withdrawn their letters of resignation after the farewell meeting.

“Such withdrawal is illegal as it constitutes a gross contravention of section 306 (2) of the Constitution which stipulates that “The resignation of any person from any office established by this Constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it.”

“Since the resignation of the former Ministers has taken effect, they cannot return to the cabinet either on their own volition or on the directive of the President. The resignation of the Ministers is not a cabinet reshuffle. It is akin to the removal of the former Ministers by the President.

“Therefore, if the former Ministers are going to be reappointed, the President is required by section 147 of the Constitution to submit names to the Senate for fresh screening and confirmation.”

Source: https://punchng.com/Why-Ngige-other-ministers-cant-withdraw-resignation-SAN

Femi Falana dey him house dey quote the law. He probably forgot that he's dealing with a Nigerian man with we die here mentality. Oga lawyer, after quoting the constitution, make sure you drag him out of the office.

So Aptly stated by the Noble learned silk

Nigeria is a lawless nation especially under the APC

Na everything this one dey fault

MMWandali:
So Aptly stated by the Noble learned silk

Nigeria is a lawless nation especially under the APC

They did not resign. They had up till 16th May to do so.

Did they actually submitted their resignation letter before they regain their senses that they're feather weighted politician?

If they do, then the law should be uphold.

Their COWARDICE should make them lose on both ends

They should be kicked out

immediately i checked and saw an hausa name, i just knew immediately that the law wouldn't work against them.

MMWandali:
So Aptly stated by the Noble learned silk

Nigeria is a lawless nation especially under the APC

as long as an hausa man was also involved, then the law is powerless.

MMWandali:
So Aptly stated by the Noble learned silk

Nigeria is a lawless nation especially under the APC

Funny enough the APC Governemnt has a SAN as its Vice President under whose domain these laws have been missed up.
I wonder what he would do if he eventually wins?

Femi Falana talks most times as if he is the law and only legal authority in the world. Did Malami and Ngige write resignation letters?

If they have not returned their nomination forms, fully filled and signed, then they cannot be said to be contesting for the office and if they didn't send a resignation letter to the President, they have not resigned.

I no send them or this govt, but the law is the law.

Kangaroo

IN OTHER WORDS, THE PRESIDENT CAN RESUBMIT THEIR NAMES FOR REAPPOINTMENT.

The question is, did they resign at anytime before the withdrawal of their political ambition?

Reading some people’s thoughtless comments is quite concerning

How can reasonable people not see it that those who are withdrawing their resignations are greedy and selfish; quite unfortunate.

Falana for CJN 2023!

.

Nothing No Go See

This just shows how greedy and selfish these politicians are. They have only their interest at heart. They rarely resign even when the boat they steering have hit the rock just like the president. As long as they are still enjoying the largesse that come from the purse of the common man at the expense of that same common man, THEY WILL NEVER RESIGN.

Hmmm


In this place, there is the law written down and that which the people in power adhere to, they are not the same.

Falana and busy body. When did they tell you the wrote a resignation letter let alone submitting same.

Mr President gave a matching order to those who want to contest to resign or forget their ambition. Instead of resigning, they decided to withdraw from the race.

You will just sit in your Chamber and be interpreting laws for an offence that is not in existence.

We have chase these wild criminals out.

Nah by for e uncle Falana ran tie.

Falan forming over sabi in every matter, quoting sections and subsections that are not relevant. The AGF Abubakar malami is also a lawyer we will soon hear his counter quot.

Scammers

They did not submit their resignation letter so I think the SAN is saying based on if they have submitted the letter

adenigga:





Source: https://punchng.com/Why-Ngige-other-ministers-cant-withdraw-resignation-SAN

Now I'm no lawyer but if Mr. Falana SAN is right then things should be done constitutionally and rightly. We should say NO to illegality and the president should reappoint them or they should rest.

Ok