Tuesday, 3 November 2015

Ministers Without Portfolio..... IS UNCONSTITUTIONAL

The recent statements from the chief executive of the fedration of Nigeria that he would not be assigning portfolios to all the nominees has stired the political atmosphere, I decided to take a holistic, moralistic and constitutional look at the whole thing.

First, constitutional speaking : section 147 sub(1) states that There shall be such offices as ministers of the government of the fedration as may be established by the president
. Sub2:Any appointment to the OFFICE OF THE MINISTER of the fedration shall, If the appointment is approved by the senate be made by the president
Sub3:any appointment under subsection 2 of this section shall be in conformity with section 14 of this constitution. With the caveat in keeping to the provision that a minister be appointed from. Each state of the fedration.

Subsection 1 as seen above established an OFFICE and not a ministerial slot. Subsection 2 consequently mandated that such appointment be confirmed by the senate, however it clearly stated that such appointment is into an OFFICE and into a cabinet with a ministerial office and not just to serve as a cabinet sitter. According to the president such ministers who would be having no portfolio would merely be cabinet members. Being a member of cabinet is one without an office, he is merely sitting to deliberate with others and is not going to partake in executing government functions, his position is less than that of a special adviser.

Morally speaking.. If such supposed cabinet members should all come from the south then it definitely would speak tribal of the present administration. The South East presently has no federal appointee (Real Igbo) If any of the prospective ministers from the East central should have no portfolio then Section 14(3) will equally be violated again.
Section 14(3) states that the composition. Of the government of Nigeria. Or its agencies shall reflect the federal character so as to promote national unity and command loyalty. If after December and easterners and southerners are yet to be fully accommodated then the government would be tribal and morally deprave.

The quick explanation given by Femi Adesina would have doused the tension and would have been a panacea to the seemingly lack of fund by government but the recent rebuttal. From the president speaks volume to the fact that he is really determined to humiliate the clear constitutional provisions and he is gladly supported by the chief legislator of the country.

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