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Continued stay of ministers in their offices is illegal-Keyamo
Newsdiaryonline May 30,2011
The refusal of President Goodluck Jonathan to dissolve the
Federal Executive Council and his directive to the Ministers to
continue in their offices until new Ministers are appointed may
occasion a Constitutional crisis in the country. The continued
stay of the Ministers in their various offices is illegal and
unconstitutional and all official actions performed by them
after the taking of a fresh Oath of Office by President Goodluck
Jonathan, are illegal, null and void.
The simple reason is that by virtue of Section 147 of the 1999
Constitution (as amended), the President is given powers to
appoint Ministers to serve in the government. The power of the
President to appoint Ministers is derivable from the four-year
mandate given to him by the Constitution. As a result, at the
expiration of that mandate, the tenures of the Ministers expire
automatically too. This can be likened to the tenure of a sub-leasee
whose tenure on the property cannot be extended beyond the
tenure of the leasee who sublet the property to him.
Accordingly, the Ministers' tenure cannot extend beyond the
tenure of the four-year mandate given to late President Yar'Adua
(which tenure was inherited by Goodluck Jonathan). That tenure
ended in the mid-night of May 28, 2011.
The continuous stay in offices by the Ministers therefore
at best, if it is not illegal, amounts to a fresh appointment by
Goodluck Jonathan which needs the approval of the Senate in
accordance with Section 147(2) of the 1999 Constitution as
amended.
Anything short of this, will amount to a progression in
illegality and unconstitutionality.
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