Against the backdrop of President Muhammadu Buhari’s statement that his government cannot afford to pay all the 36 ministers confirmed by the Senate, some lawyers yesterday warned the President not to sideline some members of his cabinet.
Speaking in separate interviews, they said it would amount to disobeying the Constitution of the Federal Republic of Nigeria. Buhari, had, in an interview on Channels Television in New Delhi, India said, “We cannot work outside the constitution.
There must be a cabinet representative from each state.
There used to be 42 ministers but I think we can barely keep half of that now because we cannot afford it. Others may not be substantive ministers but they will sit in the cabinet because that is what the constitution said and we can’t operate outside the constitution. We are reducing the number of ministries. We can’t afford to pay.
“Where is the money? Do you know the Federal Government has to help 27 states out of 36 to pay salaries? Nigeria cannot pay salaries. Nigeria had to summon the Governor of the Central Bank to see how it could pay salaries not to talk of projects, agreements signed with foreign countries, counter funding and so on. The country was materially vandalised and morally so.”
Reacting to this declaration, lawyers who spoke to Sunday Telegraph said it would amount to a breach of the constitution for him to sideline some ministers.
According to a Senior Advocate of Nigeria, Mr. Joseph Akpomuje, there is nothing to talk about the matter because the constitution has given its position on how ministerial positions in the country should be filled.
I don’t want to believe that he meant it, more especially when he has an SAN as vice,” he quipped. For Esezoobo Odion Johnson, such a statement is not expected of the President, when he is seen as a selfless leader, who wants to cut cost for the country. “He is a man that I like and I will take my time to read him before I make a categorical opinion on that matter. I couldn’t understand that or imagine that he said that.
Again, if he is saying that others will sit down and be looking at ministers with portfolios perform the business of governance, will Nigeria be paying them for doing nothing? It’s a constitutional matter and should be treated as such. So, when I read it, and he meant what you said, then we can now know how to assist him with constructive criticism.
But for now, I can’t say much; let me read him first. Though somebody told me that but I want to read him first.” Another lawyer, Emeka Uzuani, said it’s a constitutional matter, which neither the President nor the National Assembly will deliberate on.
“The constitution expects that every state provides its own minister and if the President is saying that he will make use of half of the 42 ministers, what will happen to the others? Will they sit down and watch the cabinet run? Buhari has no power to do that.
He knows. “If you keep the ministers on the bench and make them ministers without portfolios, who will pay them? If we are talking about saving money for the country, this is not the way, especially when the President’s position contradicts constitutional provisions. Buhari cannot tamper with it. Each state should have a ministerial representative,” said the Principal Partner, Yomi Okunnu and Co, Mr. Yomi Okunnu.
On the contrary, a lawyer, Paul Omololu, said, “I know it’s not mandatory for all the states to produce ministers but if the region is well represented, it will have the same impact.
The President can use his discretion to do that. It’s not a must that we will have ministers from all the states, especially in the dwindling economy that is rocking the country. Though it’s a constitutional situation but I think the constitution gives him certain rights to do that.”
