In democracies all over the world,the powers of the executive arm of government resides in the head of state,the president.The position of the law as regards this matter is captured in section 5 subsection 1a of the 1999 constitution of The Federal Republic of Nigeria(as amended)

That section states that;
5.(1)Subject to the provisions of this Constitution, the executive powers of the Federation:
(a)shall be vested in the President and may subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation.

This in plain language means the president can exercise all executive powers of the state(Nigeria) directly except the National Assembly makes a law precluding him from exercising certain executive powers.

However,it is impossible for the president to exercise all executive powers directly.That is why the constitution suggests/allows him to appoint ministers at his discretion.Ministers act as helpers to reduce his work load.

If he must appoint ministers,such appointments must be subject to confirmation of the senate-section 147
"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.


Buhari is thus empowered by the constitution to act as petroleum minister without interference from the legislature.The senate only comes into play when Buhari decides to appoint a petroleum minister.

I get from your piece that the president does not become a minister of petroleum or other.
If the president decides to not appoint a minister to oversee a certain aspect of the economy,
that aspect would simply have no minister and be under the president.

This means there is no such thing as the president becoming a minister. If the president is to become a minister then he must be screened by the senate. Because as you pointed out, the constitution says that every minister must be screened by the senate.

In other words the senators that are talking of screening president Buhari are right. As long as Buhari is talking of becoming minister of petroleum, the senators can use the constitution against him and insist that he be screened.

President Buhari doesn't need to be the minister of petroleum to oversee that ministry, as the ministry is already under him the moment he became the president. Appointing a minister simply means that he is delegating authority over the ministry to someone else - authority that he possessed.

The president needs to make this clear. Where are his advisors?

Harristo, it's pretty much dicey than what you summed above. The Nigerian 1999 constitution by the military is terribly faulty and it really needs to be amended.

Going by Section 147, subsection 2 which states that

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.

, I guess it never occurred to the brains behind the constitution that a president may one day, want to oversee a particular sector directly by becoming a minister in his/her own tenure.

I believe the issue is complicated beyond what what the Senate/you (harristo) mentioned above. I believe the reason for screening candidates is to ascertain if they're up to the task which they intend to take on. It doesn't feel right, even though the constitution did not do justice to the present scenario, to have the president, the Commander-In-Chief of the Armed forces of Nigeria, go through the screening process like those he chose. After all, nominated ministers are asked to take a bow and leave.

I see no reason why the Senate is convulsing on this issue. Rather than seek ways to amend the constitution, the silly senators are interested in amending the constitution and granting immunity to the Senate President and his deputy. Rubbish!

There is notin those guys can do.

buhari go hear am!
he will see his ears with his eyes.

likila:
buhari go hear am!
he will see his ears with his eyes.

hear fire.....if Buhari appear for NASS ministerial screening make my leg hit small stone. Saraki just wan make matter worse for am, u cannot challenge the commander in chief, never never


Buhari till 2023

Sanchez01:
I believe the reason for screening candidates is to ascertain if they're up to the task which they intend to take on. It doesn't feel right, even though the constitution did not do justice to the present scenario, to have the president, the Commander-In-Chief of the Armed forces of Nigeria, go through the screening process like those he chose. After all, nominated ministers are asked to take a bow and leave.

Screen who? Screen fire. The senators they smoke?

President Buhari becoming the president means that, he is been judged as qualified to be the
head of every aspect of the Nigerian economy. He no longer need to pass anymore screening for anything.
And besides President Buhari is already the head of every ministry. This happened the moment Buhari became the president. You will know this if you know what a minister is.

harristo:


Screen who? Screen fire. The senators they smoke?

President Buhari becoming the president means that, he is been judged as qualified to be the
head of every aspect of the Nigerian economy. He no longer need to pass anymore screening for anything.
And besides President Buhari is already the head of every ministry. This happened the moment Buhari became the president. You will know this if you know what a minister is.

they can't even screen Buhari's house boy talk more of him, senators awon ole

harristo:


Screen who? Screen fire. The senators they smoke?

President Buhari becoming the president means that, he is been judged as qualified to be the
head of every aspect of the Nigerian economy. He no longer need to pass anymore screening for anything.
And besides President Buhari is already the head of every ministry. This happened the moment Buhari became the president. You will know this if you know what a minister is.

I knew this from the outset. However, a piece which hit FP yesterday claimed the Senators would still screen the president. It really got me wondering as to how possible that would be. Unfortunately, the constitution did not deem it fit to say something relating to this scenario.

I also believe the president would not be screened. After all, nominated Senators are always asked to 'take a bow'.

Sanchez01:

I knew this from the outset. However, a piece which hit FP yesterday claimed the Senators would still screen the president. It really got me wondering as to how possible that would be. Unfortunately, the constitution did not deem it fit to say something relating to this scenario.

I also believe the president would not be screened. After all, nominated Senators are always asked to 'take a bow'.

Well I say the president will be screened if his name is on the list as the petroleum minister.

If the president is stupid enough to include his name on the list, he will cause a commotion if he refuses to be screened (after doing something like that).

The president need not include his name on the list. He would simply not pick a petroleum
minister and that ministry will be under him.

If I hear say Buhari enter red Chambers for screening. Na this kind one TonyeBarcanista dey like. But I don't see Buhari going to the senate for screening.

dayo23:
hear fire.....if Buhari appear for NASS ministerial screening make my leg hit small stone. Saraki just wan make matter worse for am, u cannot challenge the commander in chief, never never


Buhari till 2023

#on point...

.....& i'm here to tiff ya slogan, sure banker....

PMB-23....

Asking the president to appear in the Red chambers for screening is already an insult on the sit of Nigerian presidency, a rape of our electoral law that empowers an elected Nigerian to the presidency, and a big slap on the face of over 15million Nigerian voters that voted him in.


If there's anything like that in democracy, I will recommend the senators that postulated this should be arrested for blasphemy against the President and the Nigerian constitution that gives the president the power to head any sector of the economy.

harristo:


Well I say the president will be screened if his name is on the list as the petroleum minister.

If the president is stupid enough to include his name on the list, he will cause a commotion if he refuses to be screened (after doing something like that).

The president need not include his name on the list. He would simply not pick a petroleum
minister and that ministry will be under him.

Nice suggestion though. I'm sure the president has sound, competent and strategic people around him who would advise him in the best way possible.

likila:
buhari go hear am!
he will see his ears with his eyes.

If you like, convulse from now to the end of the world, the president will go in and come out unscathed. Perhaps you think he is Goodluck Jonathan, shey? You just wait and see how the likes of you would come back to Nairaland and shout "ojoro" later.

Mickey7:
In democracies all over the world,the powers of the executive arm of government resides in the head of state,the president.The position of the law as regards this matter is captured in section 5 subsection 1a of the 1999 constitution of The Federal Republic of Nigeria(as amended)

That section states that;
5.(1)Subject to the provisions of this Constitution, the executive powers of the Federation:
(a)shall be vested in the President and may subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation.

This in plain language means the president can exercise all executive powers of the state(Nigeria) directly except the National Assembly makes a law precluding him from exercising certain executive powers.

However,it is impossible for the president to exercise all executive powers directly.That is why the constitution suggests/allows him to appoint ministers at his discretion.Ministers act as helpers to reduce his work load.

If he must appoint ministers,such appointments must be subject to confirmation of the senate-section 147
"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.


Buhari is thus empowered by the constitution to act as petroleum minister without interference from the legislature.The senate only comes into play when Buhari decides to appoint a petroleum minister.

Thanks for advancing the kind of fact-based argument which has become rare around these parts... To say the standards of discourse has fallen far on this section on NL, would amount to dignifying the low-grade reasoning skills which a lot of the ethnically charged nitwits peddle.

Now if we ignore catchy headlines and appraise Buhari's recent remarks, we would be left in no doubt that he has been operating in an 'acting' capacity all along.

“...I intend to remain the minister of petroleum resources,” Buhari said in an interview on the sidelines of the annual meeting of world leaders at the UN general assembly in New York.

Source

Would he be flouting a constitutional requirement if he were to continue in the same mode? Clearly, the answer is 'no'.

The 8th Senate is full of jesters.

OrlandoOwoh:
The 8th Senate is full of jesters.

lie nsi ebea

I don't see why the president would want to act as a minister in the first place.

Sanchez01:
Harristo, it's pretty much dicey than what you summed above. The Nigerian 1999 constitution by the military is terribly faulty and it really needs to be amended.

Going by Section 147, subsection 2 which states that , I guess it never occurred to the brains behind the constitution that a president may one day, want to oversee a particular sector directly by becoming a minister in his/her own tenure.

I believe the issue is complicated beyond what what the Senate/you (harristo) mentioned above. I believe the reason for screening candidates is to ascertain if they're up to the task which they intend to take on. It doesn't feel right, even though the constitution did not do justice to the present scenario, to have the president, the Commander-In-Chief of the Armed forces of Nigeria, go through the screening process like those he chose. After all, nominated ministers are asked to take a bow and leave.

I see no reason why the Senate is convulsing on this issue. Rather than seek ways to amend the constitution, the silly senators are interested in amending the constitution and granting immunity to the Senate President and his deputy. Rubbish!

there's no complication on this issue. The operating word is "if he chooses to appoint". If he does not, nobody can force him to. In essence, it means he has retain that ministry for himself.

harristo:
I get from your piece that the president does not become a minister of petroleum or other.
If the president decides to not appoint a minister to oversee a certain aspect of the economy,
that aspect would simply have no minister and be under the president.

This means there is no such thing as the president becoming a minister. If the president is to become a minister then he must be screened by the senate. Because as you pointed out, the constitution says that every minister must be screened by the senate.

In other words the senators that are talking of screening president Buhari are right. As long as Buhari is talking of becoming minister of petroleum, the senators can use the constitution against him and insist that he be screened.

President Buhari doesn't need to be the minister of petroleum to oversee that ministry, as the ministry is already under him the moment he became the president. Appointing a minister simply means that he is delegating authority over the ministry to someone else - authority that he possessed.

The president needs to make this clear. Where are his advisors?

Brilliant and well articulated. The exact words of the president were "I intend to remain Minister of Petroleum Resources".

I suppose that the message the president was trying to get across was that no Minister of Petroleum will be appointed and as such the ministry will be directly under his watch. Unfortunately, the semantics of that message has given room for various interpretations.

But I bet that no Senator will dare raise this issue up on the floor of the senate. All the reports seem to be quoting some nameless & faceless Senators.

.

harristo:
I get from your piece that the president does not become a minister of petroleum or other.
If the president decides to not appoint a minister to oversee a certain aspect of the economy,
that aspect would simply have no minister and be under the president.

This means there is no such thing as the president becoming a minister. If the president is to become a minister then he must be screened by the senate. Because as you pointed out, the constitution says that every minister must be screened by the senate.

In other words the senators that are talking of screening president Buhari are right. As long as Buhari is talking of becoming minister of petroleum, the senators can use the constitution against him and insist that he be screened.

President Buhari doesn't need to be the minister of petroleum to oversee that ministry, as the ministry is already under him the moment he became the president. Appointing a minister simply means that he is delegating authority over the ministry to someone else - authority that he possessed.

The president needs to make this clear. Where are his advisors?

Spot on; the president doesn't need to subject himself to the scrutiny (and therefore possible ridicule) of the Senate when he could easily avoid the whole process by not choosing to be minister but instead directly oversee the ministry as president.