2023: Withdrawal Of Resignation Letter By Ministers Is Unconstitutional — Falana Led ASCAB 

*Says Ministers Who Resigned Can Only Be Reappointed After Senate Confirmation

Alliance on Surviving Covid 19 and Beyond (ASCAB) through its Chairman,  Femi Falana SAN, has said it is illegal for some ministers to withdraw their resignation letters.

TheNigerialawyer reported that the Minister of Labour and Productivity, Chris Ngige, dropped out of the 2023 presidential election.

The Minister said he took the decision after meeting with President Muhammadu Buhari and consulting widely with his family, constituents, supporters and well-wishers.

Ngige’s decision to drop out of the race followed the directive of Buhari to his appointees vying for public office to resign on or before May 16.

The foremost Human Rights Activist,  in his reaction described it as “illegal and unconstitutional”.

According to him, the withdrawal constitutes a gross contravention of section 306 (2) of the Constitution.

In a statement on Friday titled: “WITHDRAWAL OF RESIGNATION LETTERS BY FORMER MINISTERS IS ILLEGAL”,  said “At the last Federal Executive Council meeting on Wednesday, May 11, 2022, President Muhammadu Buhari directed all Ministers and other political appointees who aspire to contest for elective offices in the 2023 General Elections to resign their appointments. 

“In compliance with the directive, nine Ministers resigned their appointments. The former Ministers are Rotimi Amaechi, Godswill Akpabio, Ogbonnaya Onu, Timipre Sylva, Chris Ngige, Abubakar Malami (SAN), Uche Ogah, Pauline Tallen and Chief Tayo Alasoadura.

“In a farewell meeting held with the former Ministers on Friday, May 13, 2022, President Buhari thanked them for serving the nation sacrificially, ”with dignity and honour”. While wishing  them success in the upcoming elections and in future endeavours the President commended them  for their decision and courage to contest for elective offices and their  compliance with his directive.

“Having resigned from the Buhari administration Mr. Abubakar Malami SAN and Dr. Chris Ngige were reported to have withdrawn their letters of resignation after the farewell meeting. 

“Such withdrawal is illegal as it is constitutes a gross contravention of section 306 (2) of the Constitution which stipulates that “The resignation of any person from any office established by this Constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it.”

“Since the resignation of the former Ministers has taken effect they cannot return to the cabinet either on their own volition or on the directive of the President. 

“The resignation of the Ministers is not a cabinet reshuffle. It is akin to the removal of the former Ministers by the President. 

“Therefore, if the former Ministers are going to be reappointed the President is required by section 147 of the Constitution to submit names to the Senate for fresh screening and confirmation.