Group challenges constitutionality of Tinubu’s ministerial list

A civil society group, Centre for Transparency and Defence of Human Rights has dragged President Ahmed Bola Tinubu and senate president, Godswill Akpabio before the Federal High Court, Abuja, challenging the piecemeal and uneven distribution of nomination of ministerial positions across the states.

The defendants in the suit are President Ahmed Bola Tinubu and the senate president, Godswill Akpabio as 1st and 2nd respondents, respectively.

They specifically held that from the total of 47 nominees eventually transmitted within and outside the 60 days window, Ogun has three nominees, while seven other states have two nominees each.

The group along with a human rights lawyer, Godspower Eroga in the suit marked FHC/ABJ/CS/ 1115/2023 challenged the constitutionality of the president to send 29 names of nominees not reflecting complete representation of the country.

In their originating summons, they prayed the court to determine, “whether by virtue of the joint reading of the provisions of Sections 147(I), (3), (7) (a) of the 1999 Constitution of Nigeria (as amended), the 1st defendant is not mandatorily required to transmit to the 2nd defendant within 60 days of taking his oath of office as the President of Nigeria. his list of nominees reflecting full and complete representation of the entire 36 states and the Federal Capital Territory, Abuja for screening and confirmation as ministers.

“Whether by virtue of the joint reading of the provisions of sections 147(1), (3), (7) (a) of the Constitution, the act of the 1st defendant in transmitting within 60 days an initial list containing 28 names as his nominees for screening and confirmation as ministers, is valid and constitutional.

“Whether the act of the 1st defendant in purporting to transmit additional list of 14 names or such number of nominations to be screened and confirmed by the 2nd defendant as ministers 60 days after his inauguration is not contrary to the provision of Section 147 (7) (a) of the 1999 and therefore, invalid and unconstitutional.”

The applicants also want the court to determine whether the 1st and 2nd defendants can, without complying with the provisions of sections 147(I), (3), (7)(a) of the Constitution, validly constitute his cabinet.

In addition, they asked the court to determine whether in view of the mandatory provisions of Sections 147(1), (3), (7) (a) of the Constitution, it is not mandatory that the President transmits to the 2nd defendant a list(s) of his nominees reflecting the full and complete representation of the entire 36 states of Nigeria and the Federal Capital Territory within 60 days.

As a result, the plaintiffs are seeking for declaration that by virtue of the joint reading of the provisions of section 147(1), (3), (7) (a) of the Constitution, the 1st defendant is mandatorily required to transmit to the 2nd defendant within 60 days of taking his oath of office as the President, his list of nominees reflecting the full and complete representation of the entire 36 states of Nigeria and the Federal Capital Territory, Abuja for screening and confirmation.

“That the act of the 1st defendant in purporting to transmit an initial list containing 28 names as his nominees for screening and confirmation as ministers, is invalid, contrary to the provisions of section 147(1), (3), (7) (a) of the Constitution and therefore, unconstitutional.

“That the act of the 1st defendant in purporting to transmit an additional list of 14 names or such number of nominations to be screened and confirmed by the 2nd defendant as ministers outside the 60 days window provided for by section 147 (7) (a) of the Constitution, is invalid and unconstitutional.

“That the 1st and 2nd defendants cannot, without complying with the provisions of Section 147(1), (3), (7)(a) of the Constitution validly constitute the Cabinet of the Federal Republic of Nigeria.

“That in view of the mandatory provisions of Section 147(1), (3), (7) (a) of the Constitution, it is mandatory and a compulsion that the President transmits to the 2nd defendant a list of his nominees reflecting the full and complete representation of the entire 36 States of Nigeria and the Federal Capital Territory, Abuja within 60 days of taking his oath of office as the President of Nigeria.

“An order, directing the 1st and 2nd defendants to comply with the provisions of Section 147(1), (3), (7) (a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended),” they prayed.