Ministerial Appointments And Constitutional Requirements

By Hassan Sadisu Imam Esq

Former President Muhammadu Buhari has signed a constitutional amendment mandating newly elected Presidents or Governors to submit the names of cabinet members for ratification within sixty days of taking office. This amendment aims to expedite the process of forming cabinets by newly elected executives. Section 147 (6) of the Constitution allows the Senate 21 days to screen and either confirm or reject the nominees after the President submits the list.

The first batch of 28 names sent to the Senate was fewer than the number of states in the country. The Constitution requires at least one ministerial nominee from each state, who must be an indigene of that state. President Bola Ahmed Tinubu took office on May 29th but did not fulfill the constitutional requirement of submitting a complete list of ministerial nominees within the 60-day timeframe.

The 1999 Constitution (as amended) emphasizes justice and equity for all, irrespective of tribe, ethnicity, or religion. It prohibits the sharing of ministerial positions or political offices based on electoral considerations. Democracy should prioritize the people’s interests rather than serving as political compensation for loyalty or votes.

Although 45 ministers were sworn in, a total of 48 ministers were nominated, with three awaiting further screening: Stella Okotete (Delta), Senator Abubakar Danladi (Taraba), and Mallam Nasir El-rufai (Kaduna). Currently, Kaduna State has no nominated minister due to El-rufai’s withdrawal without a replacement, violating the Constitution’s requirements.

Section 14 (3) of the 1999 Constitution (as amended) underscores the need to reflect federal character in the composition of the government and its agencies. It aims to promote national unity and prevent the predominance of individuals from a few states or ethnic groups. Section 147 (1) (2) (3) of the Constitution states that the President must appoint at least one minister from each state, who is an indigene of that state.

Respecting the rule of law, regardless of whether it favors the government, is essential for democracy to thrive in Nigeria. Applying the law without bias based on sentiment, ethnicity, or religion is crucial.

Regarding the eligibility of Hannatu Musawa as a minister, the NYSC (National Youth Service Corps) Act prohibits any Corps member from accepting a government appointment until completing the one-year service or obtaining an exemption certificate. Corps members are also forbidden from engaging in partisan politics during their service year, aiming to maintain the program’s neutrality.

The same qualifications and disqualifications apply to lawmakers and ministers. Section 147 (5) of the Constitution stipulates that a person cannot be appointed as a minister unless qualified for election to the House of Representatives. Since participation in the NYSC is a requirement for eligibility to be a House of Representatives member, the same standard applies to ministerial appointments.

It’s important to note that ministerial and commissioner appointments are typically political processes influenced by factors like political affiliations. However, the NYSC by-laws prohibit corps members from engaging in partisan politics to maintain program neutrality. Corps members are expected to focus on their primary assignments, such as community development, education, healthcare, and other national service areas.

Hassan Sadisu Imam hassanlimaesq@gmail.com