Monday, October 12, 2015

President Buhari's Ministerial Nominees: Petition Against Inequitable and Unconstitutional Acts. 1


The President of the Senate of the Federal Republic
Through The Distinguished Chairman
Senate Committee on Ethics, Privileges and Public Petitions
Senate of the Federal Republic
Three Arms Zone, Abuja.

Dear Senator Samuel Anyanwu,

RE: NOMINATION OF SENATOR HADI SIRIKA (AN INDIGENE OF KATSINA STATE).

PETITION AGAINST THE NOMINATION OF A SECOND MINISTER FROM KATSINA STATE INTO THE FEDERAL EXECUTIVE COUNCIL AT A TIME WHEN OVER 10 STATES OF THE FEDERAL REPUBLIC ARE YET TO HAVE A SINGLE NOMINEE IN THE SAID FEC.

I write in my capacity as a Citizen of the Federal Republic of Nigeria concerned about the need to uphold the sanctity and supremacy of the subsisting Constitution of the Federal Republic, as amended, and overriding need to sustain and maintain a semblance and reality of justice, equity and good governance amongst the various constituent States and peoples of the Federal Republic of Nigeria.

Background of Petition:
Following the resolution on the floor of the Senate of the Federal Republic that persons concerned about any aspects of the process or nominees for Ministerial positions by the President of the Federal Republic should submit petitions to your office, I do hereby humbly petition your office with regards to the nomination of Senator Hadi Sirika, from Katsina State.

In the course of his visit to France, President Muhammadu Buhari, announced, at a widely publicized media event, that he intends to preside over the Ministry of Petroleum affairs as the substantive Minister. President Buhari had in the course of that media event given his reason for retaining the office of Minister of Petroleum affairs as the need to maintain sanity and integrity and a corruption-free Ministry.

Knowing the perception of Nigerians, particularly, and the international community, at large, of President Buhari as a man ‘who comes with a reputation of integrity’, and considering Mr. President’s Constitutional powers to assign Ministerial portfolios at his sole discretion, it can be considered that Mr. President was neither lying nor bluffing but means to serve as the Minister of Petroleum of the Federal Republic in his Cabinet.

President Muhammadu Buhari, in his Letter to the Senate, via the President of the Senate of the Federal Republic, nominated Senator Hadi Sirika, who hails from the same Katsina State as President Buhari, as a person to be screened for purposes of being appointed a Minister of the Federal Republic.  The said nomination of Senator Hadi Sirika is being made at a time when only 21 other persons representing 21 States of the Federal Republic had been nominated as Ministers of the Federal Republic.


The nomination of Senator Hadi Sirika at a time when President Buhari has announced himself as a Minster of the Federal Republic, will give Katsina State the undue advantage of having 2 representatives in the Federal Executive Council (FEC) at a time when several other States are not represented on the said FEC.

The Constitution:
Section 147 (3) of the Constitution of the Federal Republic explicitly provides as follows:
Any appointment under subsection (2) of this section by the President shall be in conformity with the provisions of section 14(3) of this Constitution:- provided that in giving effect to the provisions aforesaid the President shall appoint at least one Minister from each State, who shall be an indigene of such State.

Section 14(3) further provides as follows:
The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few States or from a few ethnic or other sectional groups in that Government or in any of its agencies.

It is thus quite trite, following from the above provisions of the Constitution of the Federal Republic that before any State of the Federal Republic can have two representatives or two nominees on the FEC, all 36 States of the Federal Republic and the Federal Capital Territory, Abuja, must have had one nominee each or substantive confirmed and serving Ministerial appointees on the Federal Executive Council.

The nomination of Senator Hadi Sirika, if positively considered by the Senate, will directly infringe the provisions, intendments and spirit of the Constitution of the Federal Republic as it will accord Katsina State the unfair distinction of having 2 of its indigenes, to wit: President Muhammadu Buhari and Senator Hadi Sirika, in the Federal Executive Council, at a time when several States of the Federation and the Federal Capital Territory, Abuja, have not gotten a single nominee or representative on the Federal Executive Council. This would be in express violation of explicit provisions of the Constitution of the Federal Republic.

Prolonged inequity and unconstitutionality:
Considering the length of time it has taken President Buhari to submit his nominees for Ministerial appointments to the Senate and his several avowals and expressed commitment to reduce the size of the Federal Executive Council and Ministries, there is a high likelihood that if the Senate proceeds to consider and or approve the nomination of Senator Hadi and accord Katsina State an unfair and unconstitutional advantage in the Federal Executive Council, such inequity and unconstitutionality may last for quite a prolonged and uncertain period.

It is my contention, a contention based on and supported by explicit provisions of the Constitution of the Federal Republic, that no State can have more than one nominee or representative on the FEC at a time when all 36 States of the Federation and the hFederal Capital Territory, Abuja, have not likewise had an opportunity of having one nominee or representative on the said FEC.

Prayer:
In view of the foregoing, I do hereby call upon the Senate of the Federal Republic to reject the nomination of Senator Hadi Sirika on grounds that it will lead to a violation Section 147 subsection 3 of the Constitution of the Federal Republic and to also, likewise reject any further nomination for Ministerial appointments of persons from States which are either already represented in the Federal Executive Council or have a prior nominee already, until such a time as when all 36 States of the Federation and the Federal Capital Territory, Abuja, would have in compliance with Constitutional provisions, have had a substantive Ministerial representative on the Federal Executive Council.

In respectful and earnest anticipation of your positive consideration of this Petition.

Remain assured of my highest regards



Picture: Image of the Constitution and Senate of the Federal Republic of Nigeria 


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