OAL Partner wants President Buhari restrained from carrying on as petroleum minister
Development Law expert and Senior Partner, OAL, Dr. Olisa Agbakoba, SAN has gone to court to challenge President Muhammadu Buhari’s office as Minister of Petroleum Resources.
In his application, which has the Attorney General Of The Federation (AGF) as defendant, Dr. Agbakoba who is a former President of the Nigerian Bar association (NBA) is asking the court to determine “whether by virtue of Section 147(2) of the 1999 Constitution, the President can hold the office of the Minister of Petroleum Resources without confirmation by the Senate of the National Assembly.
He further contends that Section 138 of the 1999 Constitution forbids the President from “holding any other executive office or paid employment.
It “By virtue of Section 138 of the 1999 Constitution of the Federal Republic of Nigeria (1999 Constitution), which disqualifies the President of Nigeria from holding any other executive office or paid employment, can the Nigerian President simultaneously serve as Minister of Petroleum Resources, which is an executive office?” Agbakoba questioned?
The Senior Advocate of Nigeria stated in his affidavit that he was greatly concerned about the recent management crisis in the Nigerian National Petroleum Corporation (NNPC), particularly disagreements between Dr. Ibe Kachikwu, the Minister of State for Petroleum and Maikanti Baru, the Group Managing Director of the NNPC, over the administration of the NNPC.
“I verily believe that the governance chaos of NNPC could not have occurred if the President is not also the Minister of Petroleum Resources.”
According to him, with over 40 years of experience as a legal practitioner and having checked the constitution, he was convinced that Buhari could not legally hold the office of the Minister of Petroleum Resources and prayed the court to sack him.
The 14-paragraph affidavit, which he deposed to in support of his suit, Agbakoba explained that the lawsuit was informed by the recent management crisis between the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, and the Group Managing Director, Nigerian National Petroleum Corporation, Dr. Kaikanti Baru.
“I am aware that the NNPC provides up to 90 per cent of the revenue accruing to Nigeria. I am worried that the crisis in the NNPC will greatly reduce Nigeria’s revenue-generating capacity and will affect the revenue distributable to federal, state and local governments in Nigeria. This will gravely affect development nationwide and drastically impact one and all Nigerians, including those in Anambra State (my state of origin) and Lagos State (my state of residence).
“I looked at Section 138 of the 1999 Constitution and I verily believe that it disqualifies the President from holding executive office, including that of the Minister of Petroleum, during his tenure of office as President.
“I also know that the President did not go through nomination process and confirmation by the Senate, before holding the office of Minister of Petroleum Resources.
“I again looked at Section 147(2) of the 1999 Constitution and I verily believe that it prohibits anybody from holding the office of a minister of the federation without confirmation by the Senate.”
Dr. Agbakoba thus asked the court for a declaration that Section 138 of the 1999 Constitution of the Federal Republic of Nigeria disqualifies the President from holding the office of Minister of Petroleum Resources, which is an executive office; an Order Restraining the President from continuing to hold the office of Minister of Petroleum Resources, while in office as the President of Nigeria; a Declaration that by virtue of Section 147(2) of the 1999 Constitution, the President purporting to hold the office of the Minister of Petroleum Resources, cannot lawfully do so without confirmation by the Senate of the National Assembly; as well as an Order Restraining the President from continuing to hold the office of Minister of Petroleum Resources.
No date has been fixed for hearing.
Theodora Kio-Lawson