THE 1999 CONSTITUTION AND DISSOLUTION AND SUBSEQUENT APPOINTMENTS OF MINISTERS AND COMMISSIONERS AFTER ORIGINAL CONSTITUTION OF THE CABINET BY THE NIGERIAN PRESIDENT AND GOVERNORS
Sections 147 and 192 provide for the appointment of ministers and commissioners by the President and Governor respectively with both sections containing essentially the same provisions with modifications to suit the respective offices- President and Governors; Ministers and Commissioners.
There’s no gainsaying that the President and Governors, though elected into office to lead the nation and/or state respectively they are not expected to do so without the aid of other persons. Hence, the need and mandate to constitute a cabinet nay executive council for proper stewardship.
Accordingly, the Constitution in Sections 147(7)[a] and 192(6)[a] respectively mandates that “the nomination of any person to the office of a minister/commissioner for confirmation by the Senate/House of Assembly shall be done within sixty days after the date the President/Governor has taken the oath of office.”
What this means is that once the President or Governor is sworn in he/she has 60 days to forward their cabinet nominations to the legislature for approval.
And where the legislature fails or neglects to make return as to approval or disapproval of the nomination within 21 working days the said nominations stands automatically as appointments into the various offices assigned by the President/Governor. See Sections 147(6) and 192(5) respectively.
The implication of these provisions of the Constitution can only be interpreted to mean that the law forbids cabinet vacuum to the extent that it only permits such vacuum for 60 days after the President/Governor assumes office with the consideration that the said 60 days is enough time to study the government and consult widely to constitute the cabinet that will serve the nation and/or state as well as for the legislature to be duly constituted to proceed with legislative businesses. And to this extent, any further delay by the legislative arm of government shall not be condoned but considered a waiver of their legislative duty in that aspect.
The most valid question arising hereof is “where do Nigerian Presidents and Governors derive the powers and inspiration to subsequently dissolve their executive cabinet and operate the office of the President and/or Governor without a cabinet for weeks and sometimes months?”
Does the President or Governor have the power to function without executive council after the expiration of the sixty days window after taking the oath of office? The answer is in the unequivocally emphatic negative. The Constitution does not permit such powers or window to the President and/Governors.
It is imperative to observe that not even the proviso following Sections 147(7)[a] and 192(6)[a] can be read to cloak the President and Governor respectively with such whimsical executive privilege.
It reads:
“Provided that the President/Governor may appoint a Minister/Commissioner at any time during his tenure and such appointment shall be subject to confirmation by the Senate/House of Assembly.”
The import and purport of these provisions is to the effect that after the President and/or Governor has constituted his cabinet within 60 days after their swearing in he may subsequently send nomination(s) for minister(s)/commissioner(s) to the legislature for confirmation while the incumbent minister/commissioner are functioning pending the confirmation and swearing in of the new or replacement Ministers/Commissioners.
It is not the contemplation of the Constitution that the cabinet shall be dissolved and left empty pending when the President or Governor makes up his mind on who to appoint next as his cabinet member before forwarding same to the legislature for approval. The Constitution does not contemplate that the President/Governor shall at some point run a sole proprietorship or constitutional dictatorship without the advice and cooperation of an executive council.
Section 148(2)[a] – [c] and 193(2)[a] – [c] strengthens and clarifies this position further with the following provisions:
“(2) The President/Governor shall hold regular meetings with the Vice President/Deputy Governor and all the Ministers/Commissioners of the Government of the Federation/State for the purposes of –
(a) determining the general direction of domestic and (foreign) policies of the Government of the Federation/State;
(b) co-ordinating the activities of the President/Governor, the Vice-
President/Deputy Governor and the Ministers/Commissioners of the Government of the
Federation/State in the discharge of their executive responsibilities; and
(c) advising the President/Governor generally in discharge of his executive
functions other than those functions with respect to which he is required by this Constitution to seek the advice or act on the recommendation of any other person or body.”
Now, from the understanding of the provisions of the above section comes the ultimate question: “who is the President/Governor holding regular meetings with when he dissolves his cabinet without immediate replacement?”
And before we are tempted to suggest special advisers, assistants and aides it is instructive to note that these categories of appointees are not mentioned in any of these sections as members of executive cabinet of the Federation and/or State.
It is therefore the humble submission of this writer that those who are legally enlightened around the President and Governors should do well to lead them aright in the light of this constitutional provisions. That it has been done or is being done by others does not make it correct. Popularity is not validity.
Semper Fidelis.
Ewa Okpo EdmuLiterati
Street Lawyer, Arbitrator & Literati
