A Federal High Court sitting in Abuja said President Muhammadu appointment as Petroleum Minister has not violated the country’s constitution.
Delivering a judgment in a suit filed by a Senior Advocate of Nigeria, Olisa Agbakoba, Justice Ahmed Raji Mohammed said there would have been a violation if Buhari had not appointed Dr. Ibe Kachikwu to oversee the day-to-day running of the Ministry of Petroleum Resources.
Justice Mohammed held that there was no violation of Section 138 of the Constitution.
The judge maintained that: “the phrase ‘hold’ as contained in S. 138 meant to preside, act, to possess, occupy or conduct the actual day to day running of the office.
He said: “That merely proclaiming/announcing that he (the President) was the Minister for Petroleum was not enough to conclude that he holds the office of Minister.
“That if the president had not appointed anybody to see to the day to day running of the office i.e. Ibe Kachikwu, the court’s decision would have been different. ”
The court further held that: “Unless it can be shown that the President is directly conducting, directing, occupying the office of the Petroleum Minister then, it can be said that the President actually holds the office of the Petroleum Minister.”
Agbakoba had in Oct. 2017, in suit No. ABJ/CS/1005/2017, asked the court to remove President Buhari as Petroleum Minister.
Buhari appointed Ibe Kachikwu as Minister of State for Petroleum Resources, and made himself the senior Minister.
In a suit which the Attorney General of the Federation is listed as a respondent, Agbakoba asked the court to determine if Buhari could hold the position of Minister without the confirmation of the National Assembly.
He said the chaos at the Nigerian National Petroleum Corporation (NNPC) would not have happened if the President was not Petroleum Minister.
“I verily believe that the governance chaos in the NNPC could not have occurred if the president is not also the minister of petroleum resources,” he said.
“I am aware that the NNPC provides up to 90 percent of the revenue accruing to Nigeria.
“I am worried that the crisis in the NNPC will greatly reduce Nigeria’s revenue-generating capacity and will affect the revenue distributable to federal, state and local governments in Nigeria. This will gravely affect development nationwide and drastically impact one and all Nigerians including those in Anambra state (my state of origin) and Lagos state (my state of residence).
“I looked at section 138 of the 1999 constitution and I verily believe it disqualifies the president from holding executive office including that of the Minister of Petroleum, during his tenure of office as president.
“I also know that the president did not go through nomination process and confirmation by the senate, before holding the office of Minister of Petroleum Resources
“I again looked at section 147(2) of the 1999 constitution and I verily believe it prohibits anybody from holding the office of a minister of the federation, without confirmation by the senate.”
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