Boards Inauguration: Call Oshiomhole, Ngige To Order, They Are Both Wrong Constitutionally, Says Group

Comrade (Engr) Igbini Odafe Emmanuel

The group, Vanguard for Transparent Leadership and Democracy (VATLAD) has called on President Muhammadu Buhari to call to order the Minister of Labour and Productivity, Dr Chris Ngige and APC National Chairman Comrade Adams Oshiomhole over what they called attempt to trample on the 1999 Nigerian Constitution, as amended.

The group in a statement by its National President, Comrade (Engr) Igbini Odafe Emmanuel on Tuesday, said that both Oshiomhole and Ngige are wrong in the ongoing wrangling over the inauguration of board of agencies and parastatals.

According to Igbini, Oshiomhole did well by faulting the unconstitutional action of Ngige, but he too over stretched the powers vested on him as APC National Chairman by the Constitution of APC which he said is inferior to 1999 Nigerian Constitution, as amended.

He contended that it amount to insubordination for Ngige to refuse the inauguration of the board members lawfully appointed by President Buhari.

“In this instant case, Comrade Oshiomhole should only draw the attention of President Buhari and put pressure on him to ensure the Ministers carry out their constitutional duties.

“He cannot suspend or punish any Minister or any appointed Public Officer of Nigeria for failing or refusing to carry out his or her constitutional duties. Never! GOD forbid it happens”.

The statement however reminded all Nigerians that the country operates a Constitutional and Representative Democracy and must be governed by the 1999 Nigerian Constitution, as amended.

Igbini quoted the below relevant section of the constitutions to back his argument.

(1) By provisions of section 1(1-3) of 1999 Nigerian Constitution, as amended, the Constitutions of all Political Parties in Nigeria are inferior to the Nigerian Constitution.

(2) Nigeria shall not be governed except in strict accordance with Nigerian Constitution.

(3) Also the provisions of Nigerian Constitution are binding on APC and other political parties, and any law or act of APC or any political party that is inconsistent with the Nigerian Constitution is to the extent of the inconsistency, null and void and of no effect.

(4) By sections 5, 147, 148 and 149 of 1999 Nigerian Constitution, as amended, the appointment of a Minister for Nigeria is constitutionally made only by the President of Nigeria and confirmed by the Senate of Nigeria. Not by any political party at all!

(5) Also the removal of any Minister of Nigeria from Office can only be done by the President of Nigeria or by virtue of end of tenure of the President. Certainly not by any political party.

(6) By the provisions of sections 5(1a) and 148(1), it is also Constitutionally mandatory for all Ministers of Nigeria to carryout all lawful duties assigned to them by the President of Nigeria; such duty includes the immediate and unconditional swearing in of members of Boards duly appointed by the President and confirmed by the Senate, where statutorily required. It is not for Ministers to choose for whatever reason, to swear in or not, members of Boards in the Ministries they superintend over. To do so is to disrespect and disobey the President of Nigeria which should be punished.

(7) Also, any attempt by any Political Party to officially and publicly query a Minister of the Nigeria for not carrying out his or her constitutional duty amounts to attempt to usurp the constitutional powers of the President of Nigeria and a dangerous move to control and govern Nigeria in a manner that is in gross violation of Section 1(2) of the 1999 Nigerian Constitution, as amended.