Is There Really A Constitutional Requirement For Ministerial Nominees To Be Assigned Ministries Before Screening/Confirmation By The Senate

DAILY LAW TIPS (Tip 386) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

IS THERE REALLY A CONSTITUTIONAL REQUIREMENT FOR MINISTERIAL NOMINEES TO BE ASSIGNED MINISTRIES BEFORE SCREENING/CONFIRMATION BY THE SENATE.

Although, logic and convenience have a place in affairs of man, democracy and government operate under written laws in Nigeria. In Nigeria, the constitution of the Federal Republic of Nigeria provides for the process of appointment and screening/confirmation of ministers by the President and then the Senate, respectively.

First of all, the President of Nigeria, has powers to create any offices for ministers of the Government of the Federation, as he wishes. So, the President can legally create new ministries or even combine ministries and give to a single Minister.

The constitution provides that the president nominates persons while the Senate confirms “any appointment to the “office of Minister of the Government of the Federation”. Note that, it is appointment to “office of Minister of the Government of the Federation” and not office of Minister of a particular ministry.

As such, all the president owes the Senate is to provide names of persons worthy of occupying any “office of Minister of the Government of the Federation”. Ministerial nominees are to be screened by the Senate, as persons worthy to be appointed to the “office of Minister of the Government of the Federation” and not persons worthy to be appointed to a particular ministry. Hence, there is no known requirement for minisiterial nominees to be allocated or assigned portfolios/ministries ahead of their screening and confirmation by the Senate.

The gap/hardship/inefficiency left by this position of the constitution, in the screening and evaluation of ministerial nominees is well understood. However, the Senate cannot demand for ministerial nominees to be assigned ministries ahead of screening/confirmation since the senate has no such powers but the senate can amend the relevant provisions of the constitution to make the assignment/allocation of portfolios/ministries a condition for the president.

My authorities are sections 147(1) and (2), 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.

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