The constitution of Nigeria is the ground root of all government policy. Any government policy which does not directly or indirectly conform with the constitution is null and void.

The delay of ministerial nomination is excusable on the ground that the constitution never stipulated a time frame on which such nomination should be made. Personally, I think this is a dangerous loophole in the constitution and need to be amend to prevent any dictator-like government in our democratic pace.

Subsequently, the recent submission of 21 ministerial names to the senate for approval is inexcusably folly and unconstitutional. The constitution of Nigeria made it apparent under Section 147(2)and (3), these section and its subsections provides as follows:

SEC 147(2): " Any appointment to the office of Minister of Government of the Federation shall, if the nomination of any person to such offices is confirmed by the senate, be made by the president".

SEC 147(3) "Any appointment under subsection (2) of this section by the president shall be in conformity with federal character as provide by constitution: Provided that in giving effect to the federal character the president shall appoint at least one minister from each state, who shall be an indigene of such State.

Buhari's nomination of 21 persons for the ministerial post does not in anyway comply with the above constitutional provision. The constitution provide that the senate cannot approve a ministerial list in which the individuals nominated does not cover the 36 states of Nigeria. The 21 persons nominated was not appointed from each state of Nigeria, and on that ground should be tantamount to null and void and therefore dead on arrival.

Most people might argue that the 21 ministerial list is not all that it is, that buhari will sooner or later submit more list for senate approval. But, as far as the parent law of Nigeria is concern, such action is unacceptable. The constitution only recognize a ministerial list in which appointment is made from at least one minister from each state.

In line with the above, if buhari is not ready yet to present a ministerial list that conform with the constitution ( from each state), then he should continue with his minister-less government which is on its own a loophole in the constitution. Any attempt by the senate to approval buhari's 21 ministerial list will circumvent our beloved constitution.

1

Does Buhari know about this,or has he been badly advice ?

watching with ma eyes wide Open.

wisdomguy4u:
The constitution of Nigeria is the ground root of all government policy. Any government policy which does not directly or indirectly conform with the constitution is null and void.

The delay of ministerial nomination is excusable on the ground that the constitution never stipulated a time frame on which such nomination should be made. Personally, I think this is a dangerous loophole in the constitution and need to be amend to prevent any dictator-like government in our democratic pace.

Subsequently, the recent submission of 21 ministerial names to the senate for approval is inexcusably folly and unconstitutional. The constitution of Nigeria made it apparent under Section 147(2)and (3), these section and its subsections provides as follows:

SEC 147(2): " Any appointment to the office of Minister of Government of the Federation shall, if the nomination of any person to such offices is confirmed by the senate, be made by the president".

SEC 147(3) "Any appointment under subsection (2) of this section by the president shall be in conformity with federal character as provide by constitution: Provided that in giving effect to the federal character the president shall appoint at least one minister from each state, who shall be an indigene of such State.

Buhari's nomination of 21 persons for the ministerial post does not in anyway comply with the above constitutional provision. The constitution provide that the senate cannot approve a ministerial list in which the individuals nominated does not cover the 36 states of Nigeria. The 21 persons nominated was not appointed from each state of Nigeria, and on that ground should be tantamount to null and void and therefore dead on arrival.

Most people might argue that the 21 ministerial list was not all that it is, that buhari will sooner or later submit more list for senate approval. But, as far as the parent law of Nigeria is concern, such action is unacceptable. The constitution only recognize a ministerial list in which appointment is made from at least one minister from each state.

In line with the above, if buhari is not ready yet to present a ministerial list that conform with the constitution ( from each state), then he should continue with his minister-less government which is on its own a loophole in the constitution. Any attempt by the senate to approval buhari's 21 ministerial list will circumvent our beloved constitution.

Lol... No Nigerian president has ever appointed all ministers at once.

ok

SEC 147(3) "Any appointment under subsection (2) of this section by the president shall be in conformity with federal character as provide by constitution: Provided that in giving effect to the federal character the president shall appoint at least one minister from each state, who shall be an indigene of such State.

OP,

Kindly point to where the constitution says they must ALL be presented at the same time, it may be a departure from the norm, it is not a constitutional breach..

Been repeating this like a broken record " the vp is a prof of law & fmr att. Gen of a state...

They have it covered.

obailala:
Lol... No Nigerian president has ever appointed all ministers at once.

I'm not arguing that the ministers must be appointed at once, all I'm saying is that the senate is only authorize to approve a ministrial list which appointment is made from at least one minister from each state.

modath:


OP,

Kindly point to where the constitution says they must ALL be presented at the same time, it may be a departure from the norm, it is not a constitutional breach..

Been repeating this like a broken record " the vp is a prof of law & fmr att. Gen of a state...

They have it covered.

The section of the constitution you quoted simply states that the senate can only approve a ministerial list which gives effect to the federal character in which appointment is made at least one minister from each state, who shall be an indigene of such State.

The constitution never said the senate can approve a ministerial list on trust even though it does not conform with the required provision for appointment.

Everybody is now a constitutional lawyer.

I'm only concern about the names on the list.

obailala:
Lol... No Nigerian president has ever appointed all ministers at once.

don't mind him joor,they just like copying and pasting rubbish without thinking

Second batch will soon be sent to the senate. The 21 man list is not final. I wonder why it is so difficult for some of you to understand this.

seunmsg:
Second batch will soon be sent to the senate. The 21 man list is not final. I wonder why it is so difficult for some of you to understand this.

It's obvious you didn't read my argument above. No matter what , the constitution must be conform with. If it doesn't conform with the constitution , it's unacceptable, no matter how morally right it may sound.

OrlandoOwoh:
Everybody is now a constitutional lawyer.

It's obvious you have no reasonable contribution on the matter at hand. You don't need to be a lawyer b4 you can be able to read and understand the constitution.

wisdomguy4u:


The section of the constitution you quoted simply states that the senate can only approve a ministerial list which gives effect to the federal character in which appointment is made at least one minister from each state, who shall be an indigene of such State.

The constitution never said the senate can approve a ministerial list on trust even though it does not conform with the required provision for appointment.

read Section 147(1) again where it states that Ministerial appointments are made AT THE DISCRETION of the President. He appoints as he so wishes. And the section you keep bandying about can be tackled simply by appointing ministers from each of the 6 geo-political zones which is what Buhari has done. It's basic Cons. Law, I did this ish in my exams couple of months ago

Good observation

wisdomguy4u:


It's obvious you have no reasonable contribution on the matter at head. You don't need to be a lawyer b4 you can be able to read and understand the constitution.

actually, you do. Maybe if you were a lawyer, you would've understood it better before posting here

wisdomguy4u:


The section of the constitution you quoted simply states that the senate can only approve a ministerial list which gives effect to the federal character in which appointment is made at least one minister from each state, who shall be an indigene of such State.

The constitution never said the senate can approve a ministerial list on trust even though it does not conform with the required provision for appointment.

if what the op quoted is true then any action taken by the senate regarding the list will not stand the test of litigation.
It is clear enough. It says 'any appointment'...

wisdomguy4u:


It's obvious you didn't read my argument above. No matter what , the constitution must be conform with. If it doesn't conform with the constitution , it's unacceptable, no matter how morally right it may sound.

I read your argument and it is seriously flawed. Nothing in the section you quoted will prevent the senate from screening ministerial nominees nominated in batches by the president. The president makes ministerial nominees at his own discretion. What matters is that the federal character principles must be adhered to when such appointments are made.

Again, if you read section 147(3) very well, it can even be reasonably argued that the president is only bond to appoint one minister from each states if in his opinion, the country needs at least 36 ministers or more. If the president in his opinion feels that he doesn't need up to 36 ministers, he can appoint less than 36 and the appointments will be valid in as much as the federal character principle is reflected in the total appointments.

safarigirl:
read Section 145(1) where it states that Ministerial appointments are made AT THE DISCRETION of the President. He appoints as he so wishes. And the section you keep bandying about can be tackled simply by appointing ministers from each of the 6 geo-political zones which is what Buhari has done. It's basic Cons. Law, I did this ish in my exams couple of months ago

I don't know where you got the assertion that a president can appoint his ministers as he so wishes, becus section 145(1) never state such.

If you are a student of constitutional law as you claim , you will bear witness with me that Sec 147(3) clearly direct a president to appoint at least one Minister from each state... The constitution never provide for appointment by regionalism. He cannot appoint as he wish overlooking this constitutional provision. State and region are two different things

safarigirl:
actually, you do. Maybe if you were a lawyer, you would've understood it better before posting here

You are funny... Your way of argument as a lawyer is appalling. So , anyone who has a different opinion with you is not a lawyer. I expect you to present a reasonable argument to support your position , rather than bragging to be a lawyer. Lawyers argue with each other in court, and as same time learn from each other.

seunmsg:


I read your argument and it is seriously flawed. Nothing in the section you quoted will prevent the senate from screening ministerial nominees nominated in batches by the president. The president makes ministerial nominees at his own discretion. What matters is that the federal character principles must be adhered to when such appointments are made.

Again, if you read section 147(3) very well, it can even be reasonably argued that the president is only bond to appoint one minister from each states if in his opinion, the country needs at least 36 ministers or more. If the president in his opinion feels that he doesn't need up to 36 ministers, he can appoint less than 36 and the appointments will be valid in as much as the federal character principle is reflected in the total appointments.

You got me wrong.. I never said it's legally wrong for the senate to screen the 21 ministerial nominee. What i said is that the senate cannot approve 21 ministerial nominee which does not conform with at least a minister per state as clearly stated by the constitution. Senate can screen the 21 nominee , but should withhold their approval until the next batch of ministerial list is confirmed.

wisdomguy4u:


You got me wrong.. I never said it's legally wrong for the senate to screen the 21 ministerial nominee. What i said is that the senate cannot approve 21 ministerial nominee which does not conform with at least a minister per state as clearly stated by the constitution. Senate can screen the 21 nominee , but should withhold their approve until the next batch of ministerial list is confirmed.

completely agree with the bolded statement.

let Buhari submit the rest of the list

this should not in anyway stop the need to prune down our ministries

we can have just 18 Ministries with Ministers / Ministers of State

The relevant laws should also be changed to reflect this

The Constitution does not state that a particular list of ministerial nominees must be at least 36 in number. It does not also state the time line on appointment of ministers.

It only states that a minister must be appointed from each state. President Buhari has not violated the Constitution by sending only 21 nominees in the time being. When all is said and done, we shall have 36 ministers, one from each state.

And that's all that matters.

wisdomguy4u:



You are funny... Your way of argument as a lawyer is appalling. So , anyone who has a different opinion with you is not a lawyer. I expect you to present a reasonable argument to support your position , rather than bragging to be a lawyer. Lawyers argue with each other in court, and as same time learn from each other.

I presented my argument in an earlier post which you failed to read, I'm sure you know I mustn't quote you to post. Go and read it. And the section on federal character is S. 14. Go and read my earlier post on this thread. I said you're not a lawyer cuz your 'different opinion' is bereft of an understanding of this constitution and it's proper interpretation. Studying law is one thing, understanding it is another and INTERPRETING is another. You're no lawyer and neither am I, I'm just a student

wisdomguy4u:


I don't know where you got the assertion that a president can appoint his ministers as he so wishes, becus section 145(1) never state such.

If you are a student of constitutional law as you claim , you will bear witness with me that Sec 147(3) clearly direct a president to appoint at least one Minister from each state... The constitution never provide for appointment by regionalism. He cannot appoint as he wish overlooking this constitutional provision. State and region are two different things

'at his discretion' allows him to appoint regionally. We tackled it in class. If there are financial restraints that won't allow for 36 ministers, he can appoint less as long as each region is equally represented. Now stop moaning or take this elementary argument of yours to court since you know so much and watch a newbie trash you

safarigirl:
'at his discretion' allows him to appoint regionally. We tackled it in class. If there are financial restraints that won't allow for 36 ministers, he can appoint less as long as each region is equally represented. Now stop moaning or take this elementary argument of yours to court since you know so much and watch a newbie trash you

You are only a law student ,now I get . A lawyer cannot just state a legal fact without quoting any statute or reported case to support his assertion. Provide me with a section of the constitution which provide for regional appointment of ministers as alternative for section 147(3), that's how lawyers argue. You can't just sit down and fabricate baseless facts and claim to be a lawyer . Even section 145(1) you stated has nothing to do with appointment of ministers. You argue more like a political bigot . I need a practicing lawyer like me to argue with not a classroom student .

wisdomguy4u:


You are definitely not a lawyer. A lawyer cannot just state a legal fact without quoting any statute or reported case to support his assertion. Provide me with a section of the constitution which provide for regional appointment of ministers as alternative for section 147(3), that's how lawyers argue. You can't just sit down and fabricate baseless facts and claim to be a lawyer . Even section 145(1) you stated has nothing to do with appointment of ministers. You argue more like a political bigot .

something mustn't be stated explicitly to be deduced, are you daft? Whatever happened to 'interpretation'. Once again, take your flimsy argument to court and stop ranting online. I'm not part of you jobless political e-thugs here, I just wish to educate you, but a person like you who is the real bigot will argue blindly to prove an idiotic point

If it took buhari 90days just to do a simple thing as name 21 ministerial nominees, how many centuries would it take him to deliver on his campaign promises, especially the most difficult task of eradicating boko haram.

safarigirl:
something mustn't be stated explicitly to be deduced, are you daft? Whatever happened to 'interpretation'. Check Section 5 then, once again, take your flimsy argument to court and stop ranting online. I'm not part of you jobless political e-thugs here, I just wish to educate you, but a person like you who is the real bigot will argue blindly to prove an idiotic point

You are a mere law student , you have no knowledge of law in practice . You should go argue with your fellow students . I need a practicing lawyer to argue with , not a classroom student.

wisdomguy4u:


You are a mere law student , you have no knowledge of law in practice . You should go argue with your fellow students . I need a practicing lawyer to argue with , not a classroom student.

no practicing lawyer will waste any argument on you. So, you have to manage the student. And I was mistaken on S.145, it's actually 147. Buhari mustn't appoint all 36 ministers. He may even work 6 at a time during his 4-year tenure as ministerial appointments have no permanent tenure. Punch did an article on this, use your Google rather than opening baseless threads. Have a good day