*Says It Was Simply A Situation Of Failed Attempt To Resign
*Says The Ministers Need No Fresh Screening By The Senate
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Professor Obiaraeri, N. O has disagree with the submission of Falana that it is illegal for some ministers to withdraw their resignation letters.
According to Falana, nine Ministers had resigned their appointments including 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.
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 Chris Ngige were reported to have withdrawn their letters of resignation after the farewell meeting.
Falana said the withdrawal constitutes a gross contravention of section 306 (2) of the Constitution. He added that 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.
However, Prof. Obiaraeri it is premature to activate section 306 of the constitution because there is no evidence of receipt of the resignation letters by Mr. President
The Professor ofaw said, “Respectfully, I do not agree with the above position taken by Falana SAN because from the facts available in the public domain, it is premature to activate the provisions of section 306(2) of the 1999 Constitution being relied upon against the named Ministers who have timeously withdrawn their resignation lettters.
“The critical question is, at what point is a letter of resignation from Federal cabinet said to be received by the addressee being Mr President?
“There is no evidence of a written acknowledgment of the letter and acceptance of the letter of resignation by the person to whom it was addressed.
“It does not call for too much argument that since the resignation was conveyed in a letter, an acknowledgement of receipt and acceptance of resignation should be in writing and until then, the writer of the letter of resignation is at liberty to withdraw it provided (if) the addressee is willing to disregard it.”
The learned prof therefore describes it as a situation of failed attempt to resign and therefore section 306 is inapplicable and that the ministers need not be reappointed and screened by the Senate.
“In this case, there is no resignation but a failed attempt to resign. Attendance in a FEC meeting and symbolic presence in what journalists termed valedictory session does not amount to a written acceptance of a resignation conveyed in written form.
“Section 306(2) will not therefore apply in the circumstance giving the facts available in the public domain.
“Those Ministers who withdrew their letters timeously are not liable to be reappointed and represented to the Senate for fresh screening under section 147 of the 1999 Constitution as amended.”
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