Connect with us

FEATURED

Your Appointment As Tinubu’s Chief Of Staff A Constitutional Aberration – Lawyer Tells Gbajabiamila

Published

on

Femi Gbajabiamila





A human rights lawyer and social crusader, Inibehe Effiong, has described the appointment of the current Speaker of the House of Representatives, Femi Gbajabiamila by President Bola Tinubu as his Chief of Staff as a constitutional aberration.

In a statement issued by the State House Director of Information, Abiodun Oladunjoye, Gbajabiamila was announced as the Chief of Staff to the President on Friday.

But in a series of tweets, the human rights lawyer said by virtue of the 1999 Constitution, which makes Nigeria a constitutional democracy based on the principle of separation of powers, it was a travesty of this principle, for Gbajabiamila to be announced as the Chief of Staff without him first resigning his positions both as the Speaker and member of the House of Representatives.

Advertisement

“The appointment of the current Speaker of the House of Representatives, Mr Femi Gbajabiamila, as the Chief of Staff to the President by Mr Bola Tinubu is a constitutional aberration.

“Nigeria operates a constitutional democracy based on the principle of separation of powers. Sections 4, 5 and 6 of the 1999 Constitution vest the legislative, executive and judicial powers of the Federation in the National Assembly, President and established Courts respectively.

“The principle of separation of powers under our constitutional framework applies both to functions and personnel of the different organs of government. The intention of the framers of the Constitution was to give each arm independence from the other arms of government.

Advertisement

“It is a travesty of this principle, for Gbajabiamila’s appointment as Tinubu’s Chief of Staff to be announced without him first resigning not only his speakership position, but also his membership of the House of Representatives.

“The position of Chief of Staff to the President is not a trivial position. It is a very significant executive position. By virtue of 68 of the Constitution, it is forbidden for a member of the National Assembly to occupy executive position while still a legislator.

“Section 68 of the Constitution further provides that a member of the National Assembly shall cease to be a member, if circumstances arises which would have disqualified such a member, had it arisen at the time of the election. This appointment is such a circumstance.

Advertisement

“The relevant question is: if Gbajabiamila was the Chief of Staff to former President Buhari, would he have been qualified to seek re-election as a member of the National Assembly without first resigning his appointment as mandated by Section 84(12) of the Electoral Act, 2022.

“The answer is obviously in the negative. The attempt to strike-down Section 84(12) was defeated at the Supreme Court.

“Also, the Code of Conduct for Public Officers under Part 1 of the Fifth Schedule to the Constitution forbids a public officer from enjoying double emoluments.

Advertisement

Though Mr. Gbajabiamila said his appointment will take effect from the 14th of June, days after the current 9th Assembly has expired, Inibehe insisted the appointment has “trivialized the status of the National Assembly as a separate arm of government.”

He further opined that as a legal practitioner, the Speaker should have known better.

“The fact that the tenure of the current National Assembly will elapse in a few days time, does not lessen the controversial character of this appointment. Gbajabiamila’s appointment has trivialized the status of the National Assembly as a separate arm of government.

Advertisement

“As a legal practitioner, he ought to know the implications of his conflicting dual roles on our nation’s nascent democracy and constitutional order. His acceptance to serve two masters in this circumstance has eroded whatever was left of the independence of the National Assembly.

“I have however noted that Gbajabiamila in his acceptance statement on his social media accounts, indicated that his appointment will take effect on June 14, 2023; a day after the inauguration of the 10th National Assembly.

“It would have been tidier for the appointment not to be announced until he has vacated his position as Speaker of the House of Representatives in order to preserve the institutional integrity of the National Assembly as a separate arm of government.

Advertisement

“If urgent national issues arises that requires the National Assembly to assert its independence, and call the Executive to order, can the Speaker discharge his functions effectively and independently given his conflicting positions following his appointment as Chief of Staff?

“The fact that the appointment has not yet taken effect does not extinguish the appointment or render the instrument of appointment (letter of appointment) void. It only means that he’ll begin to perform the factions of his new position at a later date. But he has been appointed.

Advertisement
Advertisement
Click to comment
FEATURED8 hours ago

DHQ Dispels Alleged Coup d’etat, Says Armed Forces Remains Firmly Loyal to Constitution, President Tinubu

nwoko
FEATURED11 hours ago

2027: Okowa, Nwoko, Nwaoboshi Urged to Patch Up Their Differences

FEATURED18 hours ago

REVEALED: Cancellation of October 1st Independence Parade Linked to Coup d’etat Scare as DHQ ‘Detains 16 Top Military Officers Over Alleged Plot to Overthrow Tinubu’

FEATURED1 day ago

Sen. Nwoko Says New Delta NDDC Office Complex Symbol of FG’s Commitment to N’Delta Devt

FEATURED1 day ago

Gov. Oborevwori Commissions Delta NDDC Office, Seeks Commission’s Partnership on Repair of Federal Roads

COMMUNITY REPORT1 day ago

BREAKING: Isoko South Postpones Olomoro Community Election Indefinitely

FEATURED2 days ago

‘My Administration Not Owing Any Contractor’ – Oborevwori as he Flags off ₦21.3bn Ugbolu–Okpanam Road Project

OPINION2 days ago

DOUBTS AT THE BANQUET HALL ASABA, BY BASIL OKOH

FEATURED2 days ago

Presidency Lauds EFCC for Outstanding Transformation

FEATURED4 days ago

Delta Security Trust Fund: My Contribution is A Long-term Commitment to Peace – Tompolo

FEATURED4 days ago

Tompolo Makes Surprise Appearance At Delta Govt House, Launches State Security Trust Fund

Governor Diri
FEATURED4 days ago

UPDATED: Gov Douye Diri, Speaker, Other Lawmakers Quit PDP

FEATURED4 days ago

Bayelsa Signs Solar Panel Production Deal

FEATURED4 days ago

Police Arrest Drug Baron, Rescue Kidnap Victim in Delta

FEATURED4 days ago

Oborevwori Declares: ‘I’m Not Here for Personal Gain’ as He Flags off Reconstruction of Warri–Sapele–Benin Road Project

Advertisement
Advertisement