The President as Minister of Petroleum

THERE is no doubt in my mind that the President is not breaching any Law by choosing to preside over the Petroleum Ministry. By S.131 (2) of the Constitution of the Federal Republic of Nigeria, 1999 (CFRN) “The President shall be the Head of State, the Chief Executive of the Federation and Commander in Chief of the Armed Forces of the Federation”.

As the Chief Executive of the country, the buck stops at his desk and he is answerable for everything under his government. He knows the importance of the Petroleum portfolio, petroleum being the paramount and major revenue earner for the country and to stem the pervasive corruption it has been subjected to by the immediate past regime and earlier ones, he wants to steer the ship of the major revenue earner himself as the captain. As the CEO, he can act in any department of his government and there is no single provision of the CFRN or any other Law stopping him.

However, having chosen himself as minister, he is still subject to confirmation by the Senate under section 147(3) CFRN but that should be a mere formality because he is overqualified having scaled through qualifying requirements for President not to talk of House of Representatives required for a Minister.

Confirmation of proposed ministers
I use the word “proposed” intentionally because the President’s power to appoint Ministers is subject to confirmation by the Senate under section 147(3) of the CFRN but the confirmation is subject only to conditions imposed as to qualification and competence of the appointees as set by the constitution and not by Senate which will be illegal in my humble opinion.

The conditions as set out in section 147 CFRN are that the nominee shall be qualified for election into the House of Representatives and appointment of at least one minister from each State of the federation and satisfaction of section 14(3) of the CFRN as to federal character and federal diversity.

Requirements for qualification as Member of the House of Representatives will be found in Chapter 5 Part 1C of the CFRN some of which are being up to 35 years of age, being educated up to at least school certificate level, not to be under a sentence of death or imprisonment or fine for an offence involving dishonesty or fraud by a competent court of law or tribunal, etc., not to be bankrupt, be a secret society member or be indicted for embezzlement or fraud by a Judicial Commission of Inquiry or Administrative  Panel of Inquiry or Tribunal set up under the Tribunals of Inquiry Act or other Law which indictment has been accepted by the Federal or State Government,  respectively, or adjudged to be a lunatic or person of unsound mind, etc.

It is my humble opinion that the Senate cannot go outside these provisions of the CFRN to set separate or additional requirements for qualification as Minister for confirmation by it because the Senate, being a creation of the CFRN itself, is also subject to the provisions of that Constitution and the law. Therefore, what we are hearing that a nominee has to be recommended by Senators from his State, if true, to me, is arrant nonsense. The President has total power and discretion to nominate anyone he likes to be a Minister so long as the requirements for qualification set under the Constitution have been met.

Therefore, the fact that some nominees are being accused of corruption should not be a reason for non-confirmation so long as the person has not been charged before and convicted by a competent court of law or tribunal for such an offence, his innocence is guaranteed under Chapter IV of the CFRN. I Even believe that such a person should be confirmed if only to ridicule himself more for, if he knows he is corrupt and does not step down now, his downfall will be complete as appointment as Minister does not stop his prosecution, trial and conviction and this no-nonsense President has said he will not shield anyone who is found to be corrupt by competent judicial authorities and I believe him.

About the requirement as to being indicted for embezzlement or fraud, there is no doubt that this can be politicized by a State hostile to the appointment of a nominee quickly indicting him before a court or tribunal and accepting its report upon such indictment. It is the responsibility of the Senate to ensure that such indictment conforms with the provisions of the Law especially that the tribunal is empowered by law to try offences and that the indicted was given a fair hearing under Chapter IV of the CFRN. However, I concede that’s a tough one.

About the Ministerial List being short of the number of States in the federation that should not be a problem since the President sent this as the first list. Any future list will then have to fill in for the remaining States not included in this list.

• Fashanu is a Senior Advocate of Nigeria (SAN)